Need help - Daycare closing and advocating for staff
Hi All,
I'm hoping this amazing community can help me. I have two kids at a childcare facility that is onsite at my work. The employer has unfortunately decided to cease operations and shut down the facility in 3 months. Parents and staff are scrambling to figure out what to do as upper management has given little to no support in the matter. The teachers and staff (some of whom also used the facility for their childcare needs) are amazing and we want to help however we can. Below are points I'd love anyone's advice/help for:
- The teachers have indicated they aren't getting a clear answer on severance pay and are having their hours cut. What laws are there that require severance pay for hourly workers? How can we help them advocate to be fairly compensated with the closure?
- Does anyone know of any openings for teachers at daycare facilities in the East Bay? They are incredible people and I'd love to help them with resources to apply to places.
Thanks in advance for your help!
Sep 12, 2024
Parent Replies
2. There are openings nearly everywhere in the East Bay--there are public and private preschools with immediate openings including Head Start and Early Head Start, as well as private preschools.
Regarding question 1: (disclaimer that this is not meant to be legal advice, and I’m not practicing in this field any more) - the sad reality is that the U.S. does not protect workers. If this is a private sector job my understanding is that there are no CA or Fed laws that mandate severance (there’s a federal law about rules for mass closures when like a worksite with a whole lot of people is being shut down but it doesn’t sound like the WARN act applies here). If there’s a union or an employee manual or a company policy, the contracts/ agreements are meant to be followed, and if they aren’t followed I’d say consult a lawyer about what the recourse is. Otherwise the safety net the US system provides is applying for unemployment if someone remains without work after the layoff. That doesn’t mean you can’t band together and try to jointly advocate for fair compensation for the childcare team, but the “at will” employment system in the US doesn’t require severance. Management not responding to employee needs sounds like a good opportunity for staff to organize / unionize. I’m sorry this is happening.