本文发表在 rolia.net 枫下论坛可怜的YNY同学问是否可以回信说对方因为ABUSE了他孩子，所以她拒绝付罚金，是否会影响她的信用，我觉得本刀以下回答也只能帮忙有限，请网上的法律界牛人伸嘴发言，一同帮帮咱这位同胞吧。
因为并无什么隐私问题，而大家都可能遇到这种情况，故张告大家共谋智策。三刀有说的不对的，还请能人矫正。
－－－－－－－－－－－－－三刀回信－－－－－－－－－－－－－－－－－－－－－－－－－－－－－－－
You are welcome yny.
First of all don't feel bad that your husband can't help you. This is a complicated matter so if he was not exposed to the legal area it is perfectly normal that he wants to "多一事不如少一事“。
The reason I ask you not to write to the day-care company (just call them) is that you don't want to leave any record that they can use potentially against you. It works like this in medium-large companies: If you are accusing them of breaching of contract, such as the wording of "did not fulfill the duty of care" or "violated the fiduciary responsibilities". These are in the domain of civil lawsuit, in a civil lawsuit, 90% of the cases ended up with settlements, it means no one actually goes to the court, both parties end up sit down and negotiate the terms of compensation. This is normal for any business so the management have more rights to make that judgment call on whether to further pursue the collection of balance or simply forget about the whole thing or just compensate you in exchange of the free of legal trouble. This is what you want.
If you start to use terms such as "physically abused my child", this is right away in the domain of criminal offense litigation. no management wants to have any part of it (they are just employees, not worth it to get involved in a criminal accusation), so your case will automatically be transferred to the legal department or their designated lawyers to handle, and most of the company will be obligated to act to protect their "asses". This means they could start counter-sue or even preemptive lawsuit, then you are in serious trouble, you will have to hire a lawyer to answer this challenge. You don't want that.
I did not follow your case very closely, but if I were you, when I notice what might have happened to my child, I will face the day-care directly, first the accused teacher, then the supervisor, then the top management of the day-care, demand for clarification or reassignment of your child to other classes. If they do not do that, and you think your kid is indeed suffering greatly from abusive behaviors, you need to save evidences and start interviewing some lawyers, let the lawyer demand for compensation (note, this is still in the civil domain). Normally day-care centres, out of their fear of reputation losses and bad PR, will settle the case with you with reasonable damages (damage in legal terms means monetary compensation to cover your loss, economically or emotionally). That is probably the best result for you. If they are not giving you the compensation that you think you are entitled to, or you feel emotionally obligated to punish the school or the teacher, then you can contact the law enforcement ask them to start the criminal investigation. I doubt your case justify that, the criminal lawsuit is a very serious matter and it involves many agencies and lots of efforts and large cost, I don't think you want to pursue that.
In terms of credit record, the day-care will probably log a complaint to the credit bureau, but you can also call the credit bureau simply telling them there is an argument involved. Then that record means literally nothing, because in the eyes of credit bureau, both you and the day-care, regardless of the size, are merely private entities. One do not possess more convincing power than the other. So call the credit bureau and turn the complaint into an "argument". It will then not damage your credit record.
Not sure if these are helpful enough. bear in mind I am not a lawyer, I am just an ordinary Joe that has some basic legal knowledge, so if you are pursuing the litigation alternative, make sure to get a lawyer to confirm what I just said, don't act purely based on what I tell you here.
Sorry I prefer to remain anonymous so I won't call you, hopefully this PM will help you a little bit. Get another day-care, there are hundreds of them in Toronto, don't worry about this particular day-care chain, it is just a business, it has no more power than yourself in the eyes of law.更多精彩文章及讨论，请光临枫下论坛 rolia.net
因为并无什么隐私问题，而大家都可能遇到这种情况，故张告大家共谋智策。三刀有说的不对的，还请能人矫正。
－－－－－－－－－－－－－三刀回信－－－－－－－－－－－－－－－－－－－－－－－－－－－－－－－
You are welcome yny.
First of all don't feel bad that your husband can't help you. This is a complicated matter so if he was not exposed to the legal area it is perfectly normal that he wants to "多一事不如少一事“。
The reason I ask you not to write to the day-care company (just call them) is that you don't want to leave any record that they can use potentially against you. It works like this in medium-large companies: If you are accusing them of breaching of contract, such as the wording of "did not fulfill the duty of care" or "violated the fiduciary responsibilities". These are in the domain of civil lawsuit, in a civil lawsuit, 90% of the cases ended up with settlements, it means no one actually goes to the court, both parties end up sit down and negotiate the terms of compensation. This is normal for any business so the management have more rights to make that judgment call on whether to further pursue the collection of balance or simply forget about the whole thing or just compensate you in exchange of the free of legal trouble. This is what you want.
If you start to use terms such as "physically abused my child", this is right away in the domain of criminal offense litigation. no management wants to have any part of it (they are just employees, not worth it to get involved in a criminal accusation), so your case will automatically be transferred to the legal department or their designated lawyers to handle, and most of the company will be obligated to act to protect their "asses". This means they could start counter-sue or even preemptive lawsuit, then you are in serious trouble, you will have to hire a lawyer to answer this challenge. You don't want that.
I did not follow your case very closely, but if I were you, when I notice what might have happened to my child, I will face the day-care directly, first the accused teacher, then the supervisor, then the top management of the day-care, demand for clarification or reassignment of your child to other classes. If they do not do that, and you think your kid is indeed suffering greatly from abusive behaviors, you need to save evidences and start interviewing some lawyers, let the lawyer demand for compensation (note, this is still in the civil domain). Normally day-care centres, out of their fear of reputation losses and bad PR, will settle the case with you with reasonable damages (damage in legal terms means monetary compensation to cover your loss, economically or emotionally). That is probably the best result for you. If they are not giving you the compensation that you think you are entitled to, or you feel emotionally obligated to punish the school or the teacher, then you can contact the law enforcement ask them to start the criminal investigation. I doubt your case justify that, the criminal lawsuit is a very serious matter and it involves many agencies and lots of efforts and large cost, I don't think you want to pursue that.
In terms of credit record, the day-care will probably log a complaint to the credit bureau, but you can also call the credit bureau simply telling them there is an argument involved. Then that record means literally nothing, because in the eyes of credit bureau, both you and the day-care, regardless of the size, are merely private entities. One do not possess more convincing power than the other. So call the credit bureau and turn the complaint into an "argument". It will then not damage your credit record.
Not sure if these are helpful enough. bear in mind I am not a lawyer, I am just an ordinary Joe that has some basic legal knowledge, so if you are pursuing the litigation alternative, make sure to get a lawyer to confirm what I just said, don't act purely based on what I tell you here.
Sorry I prefer to remain anonymous so I won't call you, hopefully this PM will help you a little bit. Get another day-care, there are hundreds of them in Toronto, don't worry about this particular day-care chain, it is just a business, it has no more power than yourself in the eyes of law.更多精彩文章及讨论，请光临枫下论坛 rolia.net