We have nothing to hide bur don't want our sons in interviews/court. About 1 month we disputed a overpaid check . Ever since the teacher/owner has been making bad accusations regarding our 5 yr son . They been in their care for almost 1 year and had nothing but great things to say all this time, now they are complaining that our son is teasing others and playing guns. He is 5 & has no idea about the news/world. On top of this they have been mistreating our sons lately. Letting'em sleep thru recess. When I picked up my son he was convinced that the "girls" in class were doing great work & his was horrible, the teacher said. a lot more too. When I confronted'em about it they said if we dont pay the last 2checks & write an apology letter they'll call DSS. We have them recorded. ??
Education Law Attorney
The situation you describe is pretty unclear. Nonetheless, it appears that your sons are enrolled in a private school and you are in a dispute with the school regarding tuition payment. I think you should settle the financial dispute as soon as you can, because your children are being placed in the middle of this fight and they will suffer.
I do not know what you have to apologize for, but the threat to notify DCF (new name for DSS) is inappropriate. If the school is mistreating your children, you should contact the Department of Early Education and Child Care.
Best of luck.
Constitutional Law Attorney
The threat to inflict possible criminal investigation if not paid monies MAY constitute a criminal act of extortion.
The law of your state MAY make the daycare provider a MANDATORY reporter of child neglect and abuse. If they have not already filed a report, THEY may have violated the law if there were good grounds to believe that abuse/neglect was involved.
You MAY HAVE VIOLATED the law governing recording of conversations if you recorded the conversation over the telephone without consent, or if you recorded the conversation SURREPTITIOUSLY in person.
All things considered, consult with competent legal counsel. You can usually obtain a free consultation to discover what the cost would be.
This answer is not a substitute for consulting with and retaining the services of an attorney for your legal needs. By providing this answer, I am not entering into an attorney client relationship with you.
Elder Law Attorney
It is illegal under Massachusetts law to record a conversation with another person without that person's permission unless you have a court order authorizing the wiretap. You cannot use the recording you have to prove anything,
If you feel that the school is acting inappropriately, file a complaint with the Department of Education.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.