August 2013 Moms

Fired?

So I've been on Bedrest for a week now due to bleeding, I have a dr's note and all... The Dr.'s note says I have to be on Bedrest until further notice. My office called today and told me they had to get someone to take me job. So I'm fired : can they even do this?! I mean way to put the stress on a soon to be momma!

Re: Fired?

  • Legally, no. I'd check into FMLA laws, but I'm pretty sure you can sue them for wrongful termination.....
    Pregnancy Ticker BabyFruit Ticker
  • image TrishaKitti:
    Legally, no. I'd check into FMLA laws, but I'm pretty sure you can sue them for wrongful termination.....


    It's scary to try and sue them though since there a law firm.... But I'll check into that.
  • Legally they can't do that. That is horrible! 
    June 2010 - IVM
    July 2, 2010- BFP Beta July 5th - 931 Repeat beta July 7th - 2,779
    July 13, 2010- First ultrasound! Gestational sac found!
    July 16, 2010 - 2nd u/s due to bleeding. Twins found! Baby A is great! Praying for Baby B!
    July 23, 2010 - 3rd u/s. Saw Baby A's flicker of a heartbeat! Lost Baby B. :-(
    March 16, 2011 - Nathan James was born
    November 26, 2012 - surprise BFP! It's a girl!
    July 26, 2013 - Lilianna Jean was born

    image image





    Baby Birthday Ticker Ticker

    image
  • image LifetimeOfLove:
    Legally they can't do that. That is horrible!nbsp;

    I know! Way to make a prego woman depressed....
  • What state do you work in? How many employees work for your company?
    _____________________________________________________
    BeeMused Arts - Trendy Decor, Accessories & Artwork 
         
    BeeMusings (blog)

    I went a little badge crazy...
  • image peanut+muse:
    What state do you work in? How many employees work for your company?

    And adding on to this: How long have you worked for the company? 

  • Is it a small business?

    Do you qualify for fmla?

    You cannot be fired for being pregnant. However, they can let you go for excessive sick days, irregardless of a doctors note. Especially at a business with less then 50 employees, it costs them a fortune to hold a job for someone who has no idea when they will be able to work again.

    I know it isn't fair, but it is true. I work for a very small business and have hypermesis gravidum. I have had a ridiculous amount of sick days, and my boss was forced to replace me. While I am hurt and angry, I understand.
    image

    "Life isn't about waiting for the storm to be over, it's about learning how to dance in the rain." -Unknown

    Married 3-1-08  |  Nathan 11-24-08  |  Kaelyn 11-30-10  |  Alicia  8-17-13


  • Here is some information you might find useful:

    http://www.eeoc.gov/laws/types/pregnancy.cfm

    Depending on the type and size of your of business, you may be out of luck, but if it is a large company that allows employees to go on unpaid leave or disability, you may be able to file a complaint.

  • How long have you worked there/ how many hours have you worked in the last 6monthes?

    For DS when I went on maturity leave I was told my job was not secure due to the fact that I only worked 24 hours a week. I had worked for the company for over three years. My manager sat me down and told me they had to tell me that and it was up to her if they were going to replace my position and she was not. I could have lost my job but didn't. I worked for a large company. 

  • If the company is over 50 employees they can't- you can file a discrimination suit. If not, I'm not entirely sure. Either way, I would definitely get some legal advice sooner rather than later. At the very least, you might be able to negotiate severance pay or something. That really stinks, whether it's legal or not. 
    IMG_0663
  • It depends on the state we have less then 15 employees so yes my boss can replace me if he needs to! Thats Ohio law! I have been there 6 years and there were talks about him hiring someone in my place while I would be on leave, just temp though. He would not have to bring me back if he did not want to though. This is one of the major down falls to working at a small company.

    So sorry this happened to you. You should be able to collect unemployment though so maybe that will be better then being off with no pay while on bed rest. 

    ITS A GIRL!!! TTC 8/11 November Clomid 150mg+trigger+IUI+TI= BFP<br>
    You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face. You are able to say to yourself, 'I lived through this horror. I can take the next thing that comes along.' 
    Eleanor Roosevelt 
    image image 
    image
  • Lots of misinformation in here.  

    Without knowing more about your company, and your tenure/status with the company, there's no way to know if what they did was legal or not.  Craptastic, yes, but probably not illegal.  It may be worth reaching out to a local employment attorney to discuss.  Certainly look into unemployment.  

    Good luck.  

    Natural m/c 8/31/12 at 11 wks BFP #2 - Due August 16!
  • image EJPint:

    Lots of misinformation in here.  

    Without knowing more about your company, and your tenure/status with the company, there's no way to know if what they did was legal or not.  Craptastic, yes, but probably not illegal.  It may be worth reaching out to a local employment attorney to discuss.  Certainly look into unemployment.  

    Good luck.  

    This. Remember, being fired for being pregnant is different than being fired for missing work (regardless of reason).  

    "She's the tied for the third-funniest person on this board!" -S13 Bumpies

    image


    Follow Me on Pinterest
  • I'm a labor lawyer, and I've had some experience dealing with other firms.  It really sucks.  With that said, sometimes, bad firms pull crappy stuff on their employees because they know you'll be too scared to fight.  Also, for what it's worth, firms who treat their employees this way can  be pretty sloppy--even the best ones.  It's that whole "only a fool represents himself" thing.
     
    Here's some quick advice that I hope is helpful: 
     
    1.  Many of your rights are going to depend what state you're in.  The reason for this is that the federal law (FMLA) only covers offices with 50 or more employees. Some state laws lower that number--as low as 5.  (I hope you're in California).
     
    2.  It may depend how long you've worked for your company.  Again, though, you're not necessarily unprotected if you haven't been there a year.  
     
    3.  Try to get all of your ducks in a row.  If you still have access to your work email, get in there and print whatever you think might be relevant.  Also, try to grab a copy of your company's employee handbook.  Obviously, don't try to hack or do anything illegal--but if you've got legal access to necessary info, get it now.
     
    4.  If I were you, I'd probably look for plaintiff's firms that take employment cases on contingency.  It's hard to find someone who'll take on a firm, but it's not impossible.  If you don't know of anyone, try calling your local bar association. Also, just start googling.  There's a list called "super lawyers" in California that's really useful. 
     
    5.  If you can't get help, you can always engage in a little self help by filing an EEOC charge (or DFEH/whatever your state agency is).  They'll investigate it as long as you are able to make out a claim.  Again, just start googling.

    ##4 and 5 might get you a severance check, even if they won't get you your job back.
     
    I'm sorry this happened to you--and good luck. 
    BabyFruit Ticker BabyFetus Ticker
Sign In or Register to comment.
Choose Another Board
Search Boards