Lost my job through TEXT MESSAGE!!

Jes1031

So, this is my first post, but I just HAVE TO VENT!  I finally landed a full-time, decent paying job doing the type of work I actually enjoy, after graduating college. We found out we were expecting a few weeks later and I have literally been sick almost all day, every day the entire 1st trimester, so it wasn't one of those situations I could easily hide.  I was able to work most days, but there were a few when I just couldn't! I always let them know ahead of starting time, I never just...didn't show!  There was a stretch of a few days where I, unfortunately, had to miss in a row.  I HATED it! But I literally couldn't move or even blink without vomiting/almost vomiting...it was AWFUL! I was still sure to check in daily, sometimes twice daily.  All office staff/managers reassured me that it was okay, they just wanted me to feel better.  I receive a call one evening from the office manager checking on me and I then let him know I was feeling better and would see him the next day...because I finally was able to eat for the first time in days!  He said to not worry about it, they actually had someone come from another office to cover for me for what I assumed was the next day.  I told him that if that's what he wanted me to do, I'd see him the next week on Monday. This instantly just struck me as odd, so I called a friend who works with me as well, just letting her know he left me kind of confused and to see if she knew what was going on.  She said she didn't think anything was wrong, but she'd speak with him the next day and see what was going on (she had missed 2 days that week herself and was busy catching up on work)! The next day, I get a TEXT MESSAGE, from that same office manager basically stating, "Sorry if I left you confused yesterday, but we had to hire someone in your place. We needed someone who is...100% healthy." I took that as, "not pregnant" because other than the issues pregnancy has brought along with it, I AM "100% healthy". The time when my husband and I needed the money more than ever, I get let go from my job! I feel like it was completely ridiculous the way they handled it and I just want to know if I'm right/wrong in feeling that way!  So now, as my belly has started really showing and will only get bigger, I get to try to find another job in this already difficult economy! Sorry for the length, I just had to get this off my chest to others who could understand where I am coming from! 

lifeisgood27

I'm so sorry for this. It's an awful situation. It's improper, and i would probably talk to the HR department. They basically fired you because you were sick. And unless policy says you can't call of sick, or must give so many hours in advance, they have no right to fire you. You can't pass on morning sickness, but if you can't move from vomiting, you can't move. I'm sorry this happened to you. I'd check on the policies at the office and talk to HR. You may have a case, as is I don't think it's legal to fire someone because they are pregnant. Good luck with that scenario, and also finding a new job. 

olga&shaun

Oh my word, that's terrible! You have every right to feel the way you do! I'm no legal expert, but isn't it against the law to let an employee go because of pregnancy?? 

clvie123

i work in HR and i have to say this is a bad situation! you need to talk to the HR department there and then eventually find yourself a lawyer (if you feel up to it).  It is illegal to fire you for not being "healthy"... especially if they did not require any documentation from your doctor before making that decision. 

midgetothemax

I think you should talk to an employment lawyer.

526SadieSadie

I agree with PP, contact HR, then consult with an employment attorney and see what they have to say.  Whatever you do, do NOT delete that text message - it's really hard to prove that you were fired because of pregnancy (as opposed to poor work performance).  If you were only sick because of your pregnancy, that text might make your case for you.

tash_rn

Definitely doesn't sound okay to me!  Make sure you save that text message so you have proof and it isn't just hearsay.  So sorry you're going through this!  That sucks!  And that is a completely unprofessional way to let someone go!

mrs.gee

olga&shaun:

Oh my word, that's terrible! You have every right to feel the way you do! I'm no legal expert, but isn't it against the law to let an employee go because of pregnancy?? 

I am no expert on this either, but it sounds like they let her go because she couldn't do her job, which was a result of the pregnancy, but it's not as if she was fired because she was pregnant.

The EEOC website says this: "Under Federal law, if an employee is temporarily unable to perform her job due to pregnancy or childbirth, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled due to pregnancy to do the same."

So, OP, you should check with HR on their temporary disability policies. Also, I'm sorry to say you might have leveraged your doctor in this situation by having him or her give you a note explaining your condition or getting a prescription for Zofran (assuming you didn't try that already). I hope you feel better soon!

mrs.gee

clvie123:

i work in HR and i have to say this is a bad situation! you need to talk to the HR department there and then eventually find yourself a lawyer (if you feel up to it).  It is illegal to fire you for not being "healthy"... especially if they did not require any documentation from your doctor before making that decision. 

I don't think this is quite right... being "sick" is not a protected class. If she had a disability, she would be protected under the ADA. But generally the US policy is at-will employment, hire and fire for any reason (other than those protected under federal and state law, like race, age, sex, etc.).

starswinger

Considering you had only been on the job a couple weeks before you found out you were pregnant and started missing days, most employers view the first 90 days as probationary and if you miss work for ANY reason they do not like it, even if it is a legitimate reason. They can usually fire during this time at their discretion. Especially if you do not have vacation/sick days to use.

Jes1031

Thanks for all the advice! It's a dumb situation to be in, that's for sure. I can somewhat see the side for them on needing someone thats not dealing with the morning sickness, etc. I'm dealing with (which those few days were so bad, even my Zofran wasn't really doing the trick)! BUT I guess what I feel is completely unfair is 1 day before I received the text message, telling me everything is fine and they just want me feeling better! He knew that evening prior upon speaking with me over the phone they had hired someone in the couple of days I was out behind my back!  Had I known they were going to fire me (handbook goes into "warning" process for employees...which I received NO warning, verbal or written) I would have had someone drive me in and thrown up all day in the office!!

BOTB2011

Oh no! That is awful!!

Definitely call HR today to talk or schedule a time to talk. In the meantime, look through your employee handbook regarding policies for sick time/time off. At the very least you should be able to go in and have an exit interview with HR!

It also is very unprofessional of them to TEXT you. To me it seems like they are trying to hide behind something, or didn't want to deal with confrontation.

Zilly13

Did you have any vacation, sick, or personal time available to you?  I work in HR, and typically if someone has exhausted their available time off and does not qualify for FMLA they may be terminated from their role if the position can not be held any longer.  However, if they did not communicate to you that you were out of time or had no time available to take, you may have a case for wrongful termination.

If you don't have an HR team, I would contact the head of the office (not the office manager).  If you don't have any luck there, than I would try to contact a lawyer to get their perspective.

Sorry you are going through this.

BitsKD13

I'm sorry you're going through this.  And I hate to say it but I don't think you have much of a case to get your job back.  Yes they did not communicate well that they had replaced you.  However, you called out quite a bit from the sound of it so they can sight an inability to do the job as the reason for termination.  And without a doctors note for the sick time (which you really should have gotten when you were calling out to be safe) you're going to have a hard time proving you were fired because you were sick/pregnant. 

It should state in your contract what your rights are in terms of taking time off and what can lead to termination of your contract.    

Where I work even union employees can be terminated in their first 90 days without going through the disciplinary process (in my union you also do not have any PTO until the 90 days have passed).  And there was also a girl who got fired for using up all of her sick and personal time and still called out- I think she also killed her vacation bank too- and she was a full union member.  But since she violated the PTO agreement in our contract the management was within  their rights to sac her.  There may have been some other things going on but the call outs were the biggest part of her problem.

Anyway good luck with your next steps- either getting this job back or finding a new one.

sweet_nitenale

Wow! Can you save that text and sue?! That's is the most ridiculous and unprofessional thing I have ever heard!!

JennPierog

What kind of job was it that you got fired though text?

Jes1031

It was an office type job...receptionist work. I didn't miss weeks at a time, it was about 4 days total over the few months I held the job....which is WAY more than I would have liked to had missed! I hate missing work, but my morning sickness was so bad I couldn't even drive myself! I attempted to go in twice (once in the morning, then once later in the afternoon) but had to pull over 3 or 4 times within the first 15 miles of my house.  I don't really want to get this job back, although it was the ideal job to have at this time in my life...I don't want to work for someone who will treat me the way they treated me! I followed all protocol for missing work and would have gladly taken the days without pay, because I completely understand the business aspect of things.  I suppose I just wanted to hear that I wasn't in the wrong for being as mad as I was/am! :-)

Thanks again for all opinions/input...nice to hear I'm not alone in my feelings!