Fired?

sdescha1ne · January 2013

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!

TrishaKitti · January 2013

Legally, no. I'd check into FMLA laws, but I'm pretty sure you can sue them for wrongful termination.....

sdescha1ne · January 2013

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.

LifetimeOfLove · January 2013

Legally they can't do that. That is horrible!

sdescha1ne · January 2013

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

I know! Way to make a prego woman depressed....

peanutmuse · January 2013

What state do you work in? How many employees work for your company?

LilMissScareAll · January 2013

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?

CelticWife · January 2013

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.

plunderb · January 2013

Here is some information you might find useful:

https://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.

Monilee1017 · January 2013

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.

kcbv123 · January 2013

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.

Ruger04 · January 2013

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.

EJPint · January 2013

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.

foxyroxy · January 2013

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).

fritz799 · January 2013

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.

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