RP: I got fired...a month before my due date

Donniesgrrl

 

 

and I think it has everything to do with me going on maternity leave in a month.

I was not given a reason specifically other than she didn't feel that I had made enough changes from my review 2 weeks ago to go forward with our relationship.  My review was not bad and I was never given any written notice of abusing or violating any policies, nor did I sign anything relating to abusing any policies. 

I was pregnant when I took the job, told them about it, a week after I started and was told it was no problem, I was then asked to keep my pregnancy quiet until about 18 weeks, Everything has been going well, any improvements we spoke about in our weekly meetings were implemented and since my 6 month review I have continuously improved any constructive suggestions they gave to me, I also have not received any negative feed back since my review 2 weeks ago, and nothing that was "negative" was violating any written policy in their handbook, just basic, you do this well but here is how you can do it better, or we would like you to do it this way instead.

We are pursuing a wrongful termination suit, does anyone have any experience with this, Illinois is an at will state, meaning I can be fired at any time for any reasson, however becasue I am pregnant I know that is a protected class, and I know that if I can even show in the slightest that my firing was sketchy I have a case.  Since they don't have any paperwork and I never signed anything or was never formally disciplined does it sound like we have a case.  I am not doing this for revenge but I can't help feeling that what they did was extrememly wrong and I won't let them get away with it.  They also gave me no severance and my benefits only continue till the end of the month and then I can get COBRA, Which we cannot afford, My Husband is out of work and No one is going to hire a 9 month pregnant woman.  so If we can get a few months pay and benefits out of it that would help.

I am terrified and don't know what to do

FishNchips1

I have no advice but to say good luck! and file for unemployment.

Micebum

I had to do the same thing with my job, only I worked under unsafe conditions and my boss told me to put up with it or quit, so I quit (I worked at Jiffylube, and he told me it was perfectly fine for a pregnant woman to be put under extreme stress, breathing in coolant fumes, touching oil and other hazardous chemicals with my bare hands, and almost getting run over by people driving cars into the bay). Later the state finds out and contacts me saying that I can file criminal and lawsuit charges against him. I did try to but overall the process was way too much stress and time for me to deal with so I dropped the charges, although the state still stuck him with a hefty fine. If you can find the will power and strength to do that while having a baby, you will be my hero Pregnant women have very little respect in the work place so I hope you kick some butt.

Donniesgrrl

we are going to have the lawyer draft a letter to the company telling them that they are about to get involved in a very nasty lawsuit and see if they respond, we found a lawyer willing to take it on contingency and she just won my uncles lawsuit for age discrimination, she got him 2 years of pay, plus damages.

I honestly would just be happy with 6 months pay and benefits extension till the baby comes, then we can get cobra.

In the meantime I filed for unemplyment and SNAP and TANF benefits to see if that helps us get through the tough times, it is humbling but that is what it is there for I guess.

Micebum

Having a lawyer will definitely help! Doing everything yourself is not fun when you are getting ready for a baby. Also, SNAP is awesome. Eating real food and not top ramen is a life saver

jazzcrawford

them telling you to keep your pregnancy quiet for a while..............I'm sure was music to your attorneys ears!!

keep your spirits up, I have faith that you'll be able to get what your family needs and get to enjoy your new baby and family without so much stress.

 

Disneygeek77

I hope your old boss gets fired althought it probably wasn't just up to her. 

JJesch

I can sympathize. After working at my job for 4 years and being promoted 3 times I was fired when I was almost 30 weeks pregnant and the reason they gave was "managerial staff changes." The summer is the busiest time in that industry and they didn't really have anyone to run my office when I was on maternity leave. I did get severance for 10.5 weeks - up until my due date! The severance was dependent upon me signing an agreement that there was no wrongdoing or wrongful firing. I discussed my options with some lawyers in the family but ultimately decided to just let it go. Good luck to you, I know how shocking it is to be fired suddenly with no warning. I too had never been written up once, late once, anything, during my entire employment.

etessler

I think you have a case.  I am in CA, but in my company the employees are also at will.  When seeking to terminate an employee last year (not a pregnant one or even one in any protected class), we sought the advice of our lawyer to make sure we were taking the proper steps, as the termination was going to be based on grounds of her performance.  He advised us per the law that we could only guarantee protection for ourselves (as a company) from the employee if we had proper documentation on file regarding her performance.  i.e., documented conversations regarding performance, letters/emails for performance reviews, signed performance improvement plans, etc.

 Also, I agree with pp that the fact they asked you to keep quiet about your pregnancy might also come now be to your benefit.  Good luck to you. 

nanabanana06

I don't exactly know what you are going through. I've been unemployed since the beginning of my second trimester. Nobody seems to want to hire a pregnant lady here... Anyways, I didn't do TANF... it's a waste of time for me really. SO is working and the 300$ I would of gotten a month wasn't worth the 40 hours a week of community service. I make more money cutting hair from the house. However, you might wanna get WIC and if paying for having a baby is an issue you might wanna try Medicaid as well. Just a suggestion. They both are big helps!

kerrirene714

I don't have any advice for you, but I just wanted  to say good luck! I really hope everything works out. Just try not to stress and take care of yourself and LO.

princessmanda33

I think you have a case...I'm sorry you're going through this. Good luck to you!

the4Bs

i feel for you! i worked at a doctor's office with my first pregnancy and he said we got 2 weeks off after giving birth or any other event and if you werent back you were fired and bc it was a small business he could do that..of course i just didnt go bck, you cant even put your baby in daycare yet after 2 wks. but that situation is not near as bad as yours. im not sure if they have it in your state but they have a program called WIC its great if you need formula!! everything will work out for you!!  

mrs07c

wow! good luck!!!!

championmama

Good luck, def. file for unemployment and see what type of termination suit you can bring, but I think that in order to be eligible for maternity leave, you have to have been employed 1 year, or the equivalent of so many hours.  But, that doesn't exscuse them for firing you without just cause, prior to having your baby.

Also, see what benefits you are eligible for through the Health Dept.  A friend's DH lost his job when the third child was 6 days old.  I know she was able to get WIC, and medical cards for all 3 girls.  Maybe other stuff, too???

GL!

one_more_girl

That is horrible, I am so sorry that happened to you.  You should absolutely file a lawsuit! 

luvpinsanity

If you are prepared for a long, drawn out battle... then go for it. I was fired from a full-time job because "it wasn't working out" when I was seven months pregnant. I had a documented medical problems and I was in and out of L&D the week before I was fired..the day after I was put on modified activity, and then a week after I was fired, I was put on complete and total bed rest. Needless to say, if I had gone after them, I would have had a case. But, I decided not to pursue it because I was seven months pregnant and I didn't need the extra stress in my life.

Do what's right for you and your family. Stay strong. GL. 

electriclucyblue

Am a stay at home mom now but the company I worked for(a home improvement store) offered paid maternity leave of 6 weeks to only employees with the company +1 year.If you had been there less than a year it was at the discression of managment if you would get unpaid leave or if you would be let go without prejudice (elagible for rehire when you were ready to come back).

jfayerman

Hi. I'm in Illinois.

There are several things you can do without an attorney. First, apply for unemployment. You can do so online on the IDES website. As long as your employer is not claiming you engaged in any serious misconduct, I doubt they will even contest your application.

Second, pregnancy discrimination is unlawful under federal and Illinois law. Assuming your employer has at least 15 employees, you should contact either the Equal Employment Opportunity Commission or Illinois Department of Human Rights to file a "Charge of Discrimination." You do not need to contact both agencies - when you file with one, ask that it be "cross-filed" with the other.

Either agency will schedule an intake interview with you and will draft up all the paperwork you need to get started. Whichever agency you choose will investigate your claim and will eventually make a finding. Regardless of whether that finding is good or bad, you can then file a lawsuit in court if you so choose. You do not really need an attorney until that point in the process.

I encourage you to check out the website for both of those agencies - they have a lot of good info. Good luck.