What kind of investigation and help is there to clear a falsely accused daycare workers name?

Stay out of it. If she wants to sue, she needs an attorney. Unemployment conducts an impartial investigation and interviews both parties. 20 weeks down the road she should have another job somewhere. Facilities are always hiring.

What do you mean "relinquished her first twenty weeks of pay?" If you mean they're refusing her unemployment until twenty weeks have gone by, then she should file a complaint with unemployment refuting the company's allegations. The burden of proof is on them.

If she has been charting their mistakes for 5 years, that suggests she has been unhappy and gotten bad reviews for 5 years. Happy employees feel no need to "write the book" of their employer's errors. Something is left untold. Stay out of it.

You all need to look at this logically. If there is no employment contract, they can terminate at will. Unless there's written policy, they don't have to give notice. But that doesn't mean that employers fire willy nilly, as they're also mindful of two things. They don't want to deal with wrongful termination suits so they're going to document a history of problems. And it costs money to train a new employee so you're not going to fire a good one. But if there is a history of problems like chronic tardiness, absences, bad attitude, poor work etc., then it usually takes one last incident to cause termination. This is termination for cause and is a valid reason to deny unemployment. People sometimes think that just being out of work makes them eligible for unemployment, but you can be denied for quitting or being fired because theoretically you had a job but by your actions, are out of work.

In any case, I'd suggest she start looking for another job now because it's going to be a while to get this sorted out and get benefit checks going. Plus she'll make more at a job than on unemployment, and they will also require her to be job hunting anyhow. And when she gets a job, she won't need to fight the unemployment benefits battle and she will also know she hasn't been blackballed. As for her being "blackballed", there's no way in God's green earth that any sane employer will give any info about reason for termination or whether they'd rehire the person.I worked in a HR position years ago and had a call from a prospective employer about a long gone employee who'd been terminated for theft. Now, this person may have changed and deserved a chance, or was still shifty. I declined to answer whether we'd rehire her because I didn't want to cost a good person a job and I didn't want repercussions if she wasn't hired.

The whole "relinguished pay for 20 weeks" seems odd to me - in our state, you either get approved or denied benefits, not we'll give you benefits in 20 weeks. Something else unknown here too.

Thank you for your opinion and information. Yes, she was not happy at this facility and I don't know her reasons for staying. She is going to an attorney and is also corresponding with unemployment. So hopefully, she will be able to prove there was lying and get her unemployment started. Thank you both

Unemployment isn't paid if the employee quits or is terminated for cause. There is an appeal process if the employee doesn't agree with the determination not to pay. Going thru the state unemployment system will be far quicker and more productive than a lawsuit.

Banks check your employment and credit history. It's not a matter of word getting out, they always check. No job means no way to pay the mortgage. My son was laid off shortly before closing his house. He got another job within a week and the bank was happy.

nannies, word doesn't get out, as in gossip or hearsay when it comes to mortgage loans... once a loan goes into underwriting it is up to the underwriting processer to verify everything on the loan application.... even at zero hour, employment is again verified and that is when they learn if someone is still employed or not by said company.

You are so right, your friend needs to find new employment as soon as possible. Maybe this time around she will find something she really likes :)

Need more information. Falsely accused by whom to whom. If it was to the police, they do an investigation. If she was reported to her employer, I'd say, depending on circumstances, a record of it might be added to her file and discounted. The first time. If the accusation came from a demented person and there was no evidence, it might be discounted out of hand.

This was a case where the fairly new administrator (23 years old) of a nursing facility accused my friend of neglecting to have patient use restroom (diaper) etc. and fired her without notice, suspension, investigation. At least there was no paper work given to my friend. Unemployment has relinquished her first 20 weeks of pay and then pay will only be 20% I have been researching and it seems that her best bet would be to sue the Administrator. But I just don't know about how she is going to be able to prove herself unless she hires an attorney right away.