So Now That Disgruntled DCM Lost Against Me In Court ...

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  • Kimberli
    Daycare.com Member
    • Aug 2012
    • 93

    So Now That Disgruntled DCM Lost Against Me In Court ...

    she is posting warnings about me and my business on Craigslist, telling people not to use me and alerted a networking Facebook group that I belonged to and had me removed.

    I just want to wake up and find this is all a bad dream.

    I am down two kiddos right now and all the calls I am getting are from other providers posing as parents trying to get information about me.

    I'm sick to my stomach.

    I guess, on a bright note, I had a 2 hour conversation with the Southern California Child Care Law Advocate on Friday and she was appalled at what has happened and how my case has been handled. She encouraged me to keep appealing up the ladder as well as filing a complaint against my analyst ... but I have to say I am very fearful. My analyst would know that it was me who filed against her and I don't trust her not to retaliate. I cannot afford to lose my license all together. I am struggling to keep my doors open as it is.

    Merry Christmas and Happy New Year. I am so disheartened by people right now. Maybe it is time to move and change careers. I'm just not sure what to do anymore.
  • Cat Herder
    Advanced Daycare.com Member
    • Dec 2010
    • 13744

    #2
    That is libel. I'd get an attorney.

    Sorry she is such a nut job...

    This whole situation just makes no sense at all...
    - Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.

    Comment

    • SunshineMama
      Advanced Daycare.com Member
      • Jan 2012
      • 1575

      #3
      Originally posted by Cat Herder
      That is libel. I'd get an attorney.

      Sorry she is such a nut job...

      This whole situation just makes no sense at all...
      Can you file a libel suit against her?

      Comment

      • SilverSabre25
        Senior Member
        • Aug 2010
        • 7585

        #4
        I agree, libel. Try and sue, or send a cease and desist order, or something. Would the child care advocate be able to help you?

        Maybe Judge ***** would hear the case again, wouldn't that be hilarious....
        Last edited by Michael; 11-19-2012, 02:55 PM.
        Hee hee! Look, I have a signature!

        Comment

        • sharlan
          Daycare.com Member
          • May 2011
          • 6067

          #5
          I agree, it's time to consult an atty. At the very least, I would try to get some type of cease and desist letter.

          Comment

          • Greenplasticwateringcans
            Daycare.com Member
            • Feb 2012
            • 151

            #6
            Originally posted by Kimberli
            she is posting warnings about me and my business on Craigslist, telling people not to use me and alerted a networking Facebook group that I belonged to and had me removed.

            I just want to wake up and find this is all a bad dream.

            I am down two kiddos right now and all the calls I am getting are from other providers posing as parents trying to get information about me.

            I'm sick to my stomach.

            I guess, on a bright note, I had a 2 hour conversation with the Southern California Child Care Law Advocate on Friday and she was appalled at what has happened and how my case has been handled. She encouraged me to keep appealing up the ladder as well as filing a complaint against my analyst ... but I have to say I am very fearful. My analyst would know that it was me who filed against her and I don't trust her not to retaliate. I cannot afford to lose my license all together. I am struggling to keep my doors open as it is.

            Merry Christmas and Happy New Year. I am so disheartened by people right now. Maybe it is time to move and change careers. I'm just not sure what to do anymore.
            Lawyer up ASAP. Call around until you find a lawyer that will advise you an hour for free.

            What that mother is doing is clearly illegal. I'd even go so far as to filing a complaint with your local police.

            A lawyer will also protect you against your licensing agent and help manoeuvre through that process as well.

            As for Craigslist etc I would post the date of the JJ show and let people see for themselves about the mother.

            Don't let her bully you!

            Comment

            • Blackcat31
              • Oct 2010
              • 36124

              #7
              Make sure you print off the Craig's List post and any other info you are able to print so you have hard evidence of her harassment.


              ((((HUGS)))) for dealing. I am amazed at the lengths people will go just to be mean!

              Hopefully, Karma will be making a special trip to see her in the near future.

              Comment

              • Unregistered

                #8
                registered but logged out

                Have you ever observed the children dirty, neglected, or abused in anyway?
                If you have , then maybe you can help the kids by calling dpss... the mother obviously has a mental problem, who knows what is really going on in that house. There is just something just not right about this lady.

                Comment

                • EntropyControlSpecialist
                  Embracing the chaos.
                  • Mar 2012
                  • 7466

                  #9
                  That is awful, I am so sorry.

                  Please get a lawyer.

                  Comment

                  • nanglgrl
                    Daycare.com Member
                    • Jul 2012
                    • 1700

                    #10
                    I'm so glad you won but I'm sorry this is happening to you. I agree with the others, pay a lawyer to write up a cease and desist letter and hopefully that will stop her. As far as your analyst I would keep going, if you lost your license for this you would be in a great position to bring a lawsuit against her. This is just ridiculous.

                    Comment

                    • mom2many
                      Daycare.com Member
                      • Jun 2011
                      • 1278

                      #11
                      You are allowed to appeal and they cannot just take your license for doing that. Section 102394 concerning Licensee complaints states:
                      (A) Each licensee shall have the right, without prejudice or risk of discriminatory treatment by the licensing agency, to bring to the attention of the licensing agency any action or behavior by the licensing representative that he/she believes is a wrongful application of these regulations, or capricious enforcement of them.

                      (B) The licensee shall have the right to complain to the licensing agency regarding a review of any disputed issues.

                      When my analyst was behaving in a very unprofessional and inappropriate manner, I contacted the District Manager & things quickly got resolved.

                      Don't be afraid to take it to the next level. If the District Manager cannot resolve this take it up the chain of command to the Regional Manager or on up to the Chief Deputy Director.

                      The fact that Judge ***** ruled in your favor is also a plus on your side. I would definitely do as others suggested and find an attorney to assist you & not let this mother get away with this defamation of character.

                      Hang in there! I'm so sorry this is continuing. Geez, some people never cease to amaze me! This whole thing has been horrible...

                      Comment

                      • Michael
                        Founder & Owner-Daycare.com
                        • Aug 2007
                        • 7946

                        #12
                        It could be slander, libel and maybe wire fraud IMO.

                        Wire Fraud: "In the United States, mail and wire fraud is any fraudulent scheme to intentionally deprive another of property or honest services via mail or wire communication. It has been a federal crime in the United States since 1872"

                        The internet transmits across state lines. Make copies of any proof IF you can prove it. Document and date. Consult an attorney.
                        Last edited by Michael; 11-19-2012, 02:59 PM.

                        Comment

                        • Crystal
                          Advanced Daycare.com Member
                          • Dec 2009
                          • 4002

                          #13
                          I would, in addition to what PP's have said, contact craigslist and facebook about it. They can suspend her from posting.
                          Last edited by Michael; 11-19-2012, 03:18 PM.

                          Comment

                          • Crystal
                            Advanced Daycare.com Member
                            • Dec 2009
                            • 4002

                            #14
                            I am looking for resources for you. Here is some info I found on the Child Care Law Website that may be of use to you- Chapter 6 may help with you with licensing:

                            Comment

                            • Crystal
                              Advanced Daycare.com Member
                              • Dec 2009
                              • 4002

                              #15
                              Would you post a link to what she has stated here? If you decide to take her to court, you need at least one person to state that they saw or heard the defamation:

                              To prove that the material was defamatory, the plaintiff must show that at least one other person who saw or heard it understood it as having defamatory meaning. It is necessary to show not that all who heard or read the statement understood it to be defamatory, but only that one person other than the plaintiff did so. Therefore, even if the defendant contends that the communication was a joke, if one person other than the plaintiff took it seriously, the communication is considered defamatory

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