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well, besides firing the person, what else could they do?
Pay the damages that is determined by the courts at the end of the trial.
Additionally, they will need to demonstrate how they communicate these policies to their staff and how they train their staff on appropriate work-related social media usage. Their policies, procedures, and training will be reviewed.
None of that is the problem of the parent who is rightfully taking action. Other daycares should take heed as this is likely happening elsewhere due to poor training and lax internal enforcement. The daycare worker shared this video on her private social media, where it was then shared publicly - how many more daycares and other private establishments which act in loco parentis of their minor charges have staff who inappropriately share images or video of the children that the parent never finds out about?
How is it that so many no longer consider privacy a right?
Oh, wait, they do consider it a right but only if it pertains to anyone finding out how many. and what kinds of, guns they own.
The lack of concern over this is just another example of how little some value kids after they are born.
Some posting on this threads appear to know little about the law.
This was not a public setting where some random photographer came along.
This was a private setting where the family had every right to expect privacy.
The idea that the daycare center is not responsible for the behavior of their employee is poppycock.
Ask the legal dept. of any university, school, police department, business, ... if they they can avoid legal jeopardy by blaming it on the employee.
In fact, one of the reasons they might be hesitant to firing the employee is that this would be an admission of guilt which could come back to bite them.
well, besides taking the photo/video down and fire the employee, there is nothing much the daycare center can do or should do.
The daycare center did not use the kid's image for commercial purpose; there is no Child pornography involved.
The poster who said, "the daycare center did nothing wrong, the kid's care giver did" is accurate.
well, besides taking the photo/video down and fire the employee, there is nothing much the daycare center can do or should do.
The daycare center did not use the kid's image for commercial purpose; there is no Child pornography involved.
The poster who said, "the daycare center did nothing wrong, the kid's care giver did" is accurate.
Why do you keep reposting obvious "inaccuracies?"
The daycare center is responsible for the actions of its employees. Otherwise, they could just hire any old pervert and let the chips fall where they may.
The daycare center is responsible for the actions of its employees. Otherwise, they could just hire any old pervert and let the chips fall where they may.
well, will you say the same thing to jimmy kimmel? Obviously, he also used that video.
I have asked you a question and I am going to ask again,
what do you think this family should get? The daycare center fired the employee, what else do you want them to do?
how the hell can the same people be on the wrong side of every obvious issue in every freaking thread?
it's obvious this was a violation but some folks are still trying to push back? Makes you wonder why.
I also don't understand the absolute conviction of posters who don't have kids, obviously know nothing about daycare, but they're posting opinions as though they're facts.
There's nothing wrong with not knowing about various topics, but there is something really wrong with pretending to.
Last edited by MPowering1; 04-09-2018 at 11:44 AM..
well, besides taking the photo/video down and fire the employee, there is nothing much the daycare center can do or should do.
The daycare center did not use the kid's image for commercial purpose; there is no Child pornography involved.
The poster who said, "the daycare center did nothing wrong, the kid's care giver did" is accurate.
The caregiver is employed by the daycare, therefore the daycare is responsible.
To give some other examples - I work in a university communications office as I previously mentioned. We, like many universities, have been named in a suit about accessibility issues with our website. It doesn't matter that each school, department, and center has their own website that they are responsible for maintaining. The UNIVERSITY was sued and the UNIVERSITY is responsible for proving that we are in compliance (and we were because of the extensive training we do and remediation we were able to do to bring some pieces into compliance). If a student worker or secretary steals an image from iStockPhoto, it's not that staff member who has to pay the fine out of their own pocket, it's the university.
Similary, if an employee takes a photo of a minor in a private setting and distributes it on social media without affirmative consent from the parent or guardian, it is the employer who is on the hook. This situation is even worse because there is negative consent. The employer failed somewhere along the line with the training of its policies.
The caregiver is employed by the daycare, therefore the daycare is responsible.
To give some other examples - I work in a university communications office as I previously mentioned. We, like many universities, have been named in a suit about accessibility issues with our website. It doesn't matter that each school, department, and center has their own website that they are responsible for maintaining. The UNIVERSITY was sued and the UNIVERSITY is responsible for proving that we are in compliance (and we were because of the extensive training we do and remediation we were able to do to bring some pieces into compliance). If a student worker or secretary steals an image from iStockPhoto, it's not that staff member who has to pay the fine out of their own pocket, it's the university.
Similary, if an employee takes a photo of a minor in a private setting and distributes it on social media without affirmative consent from the parent or guardian, it is the employer who is on the hook. This situation is even worse because there is negative consent. The employer failed somewhere along the line with the training of its policies.
Well, then the family should also sue jimmy kimmel
The mother is angling for damages for stress, and mental anguish for her, and her child. She is insisting that the child "will never be the same". She's been coached by an attorney. As the child is young, her attorney will multiply annual damages by her life expectancy which could be seventy years, or more. So he demands $100K per year for the rest of her life, maybe more in a lump sum payment. Do the math.
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