Does this sound like discrimination

melanchitty · September 2014

I started a new job a couple months ago, everyone was aware of my pregnancy. I was doing really well and was offered a promotion a couple weeks into my training. I was supposed to start my new role next week (offer letter signed and everything) and I basically just received an email in which I have been let go. Can anyone tell me if the wording of this email has any room to start a case?? I don't understand why they would offer me the new role (knowing I'm pregnant). They are short staffed and with me being gone on maternity leave for 6 weeks, it would have impacted them, but again, they knew I was pregnant and also how far along. I told them in my interview in July. End of Email below.. They can't do this right?

"This decision is not a reflection of your capabilities, but rather a consequence of our current employment needs."

Tarene · September 2014

What state do you work in? I don't know much about employment law but I think "at will" states can do this given they provide a reason that doesnt violate federal laws. Like, we need to make cuts bc of the economy.

CandEChicago · September 2014

melanchitty said:
I started a new job a couple months ago, everyone was aware of my pregnancy. I was doing really well and was offered a promotion a couple weeks into my training. I was supposed to start my new role next week (offer letter signed and everything) and I basically just received an email in which I have been let go. Can anyone tell me if the wording of this email has any room to start a case?? I don't understand why they would offer me the new role (knowing I'm pregnant). They are short staffed and with me being gone on maternity leave for 6 weeks, it would have impacted them, but again, they knew I was pregnant and also how far along. I told them in my interview in July. End of Email below.. They can't do this right?

"This decision is not a reflection of your capabilities, but rather a consequence of our current employment needs."

Maybe ask an attorney. I might ask them to elaborate but they probably won't. It is a very oddly phrased email.

Drgn30 · September 2014

Tarene said:

What state do you work in? I don't know much about employment law but I think "at will" states can do this given they provide a reason that doesnt violate federal laws. Like, we need to make cuts bc of the economy.

This. Doesn't sound illegal in CA. I'm so sorry you're going through this

krystrist2014 · September 2014

This sounds sketchy to me... I definitely think that you should look into this. Do some research on federal and state laws and maybe even talk to a lawyer.

melanchitty · September 2014

I'm in Texas. It really is the strangest worded email. Not to mention the fact I've never been fired (no less in an email, I've never even heard of that). I feel like someone punched me in the gut. Good thing we didn't put our apartment deposit down cause now with me being jobless were stuck at my parents. Trying to stay positive. At least I have a place to live. Ugh.

krystrist2014 · September 2014

Definitely rude and unprofessional for them to have laid you off in an email! Also, maybe take a look here for information or consider contacting the Texas Workforce Commission for help finding out your rights.

https://www.twc.state.tx.us/customers/jsemp/employee-rights-laws.html

krystrist2014 · September 2014

More specifically:

https://www.twc.state.tx.us/news/efte/pregnancy_rights.html

gmeyer1019 · September 2014

I was laid of years ago because they couldn't keep me. It was the beginning of the recession so last one on, first one out. It sucked, and at least my boss had the decency to tell me to my face, but was not illegal.

melanchitty · September 2014

Thanks @krystrist2014‌. Number 14 of that pregnancy rights is just awful. I can't believe this. I feel horrified. No one is going to hire me now ( being that I'm almost in my third tri. I really need some puppy gifs to break me out of this rage.

Eora3 · September 2014

I was laid off while on short-term disability with pregnancy complications. Unless it is specificly stated that you are being let go due to pregnancy or you have some further documentation, you probably don't have much of a discrimination case. I would email back and ask for more information regarding how you are failing to meet their "employment needs".

However, the offer letter might be a good argument towards a breach of contract or something. Talk to an attorney.

krystrist2014 · September 2014

melanchitty said:

Thanks @krystrist2014‌. Number 14 of that pregnancy rights is just awful. I can't believe this. I feel horrified. No one is going to hire me now ( being that I'm almost in my third tri. I really need some puppy gifs to break me out of this rage.

I still suggest talking to a professional - either an attorney or the people from the Texas Workforce Commission. I know this must suck, but you can and will get through it. So sorry this is happening to you right now!

Also: https://www.buzzfeed.com/mattbellassai/the-40-greatest-dog-gifs-of-2012-6z51#205nq8g

CandEChicago · September 2014

Generally speaking Offer letter =/= contract. Needs can change and determine if the employment is "at will"

sarals24 · September 2014

I'm in Texas too, and unfortunately it is an "at will" state. They can pretty much fire you for whatever reason they want, and unless they come out and say that it's because you're pregnant, you don't have much of a case. I don't know what type of business it is, but if they aren't meeting sales goals, etc, unfortunately, they might have to cut staff.

ebilbao · September 2014

I would lawyer up. See what they say. The company needs to supply further info.

weezy29 · September 2014

I would say you were layed off rather than fired so first thing you need tondo is file for unemployment.

I might also see an attorney because if your company continues to hire new employees and yet, you were let go, that is cause for discrimination.

melanchitty · September 2014

They said effective immediately. Also, my friend works for the unemployment office and said I wouldn't be able to get anything from there because you have to be at a job for at least 6 months to qualify (in Texas). I know they hired someone else because at the beginning of the email they said they were going with a different candidate for the role.

leoandethansmom · September 2014

I'm a manager in Texas and as others have said it is an at will state. Also, be careful with unemployment. Texas will start paying you as soon as you sign up and if your employer fights your case and wins then you owe the money back. You really should seek legal advice to see if you have a leg to stand on in an unemployment case, but as far as the lay off goes it sounds like they're saying their business needs don't require your services any longer and unfortunately it's probably not going to be seen as discrimination for being pregnant. I hope I'm wrong for your sake though, losing your job is really tough. I'm sorry you're going through this.

melanchitty · September 2014

Thanks all. I've been talking to some lawyer friends and all they've basically told me is that I got screwed. Gonna cut my losses and eat all the icecream.

CandEChicago · September 2014

Honestly you were employed for 4 months. Ultimately what do you want...the job back...severence? Think about those things when you go to consult with an attorney.

I personally would not go back to an employer that laid me off especially if it is after i have accused them of discrimination...that atmosphere would always be off.

As for severence think about your limited tenure and compare it to the legal costs you would incur with an attorney.

I am for you consulting with an attorney but just be realistic that you are going to be limited in your recourse.

designchica · September 2014

I'm sorry hun. I dont' know enough about this or your situation to say if its discrimination. I almost lost my job when I got pregnant and they spent several months trying to fire me. I eventually jumped ship and found s job elsewhere and it was very stressful. My coworkers started telling me that they thought I was being discriminated against, but that had not even crossed my mind. I am a little naive about stuff like that at times though. Looking back, there was a very clear time frame that as soon as they found out about the pregnancy, they tried to get rid of me and made my time there miserable until I quit. Difficult to prove though, so I just cut my losses and found a job elsewhere and quit.

melanchitty · September 2014

You are right @RaeChay‌, I will definitely include all those things back to them. It wasn't even my boss who laid me off, it was this lady in our hr dept. which actually makes it even worse. I thought I got along with everyone there and so far everyone had been so accommodating to my pregnancy. And I found out apparently you can fire people in emails-- my friend was telling me they probably did it that way to have written documentation of how they worded the termination. :-L

E&B0811 · September 2014

Drgn30 said:

Tarene said:

What state do you work in? I don't know much about employment law but I think "at will" states can do this given they provide a reason that doesnt violate federal laws. Like, we need to make cuts bc of the economy.

This. Doesn't sound illegal in CA. I'm so sorry you're going through this

Ditto in my state. The only possible recourse you have in an at will state is being able to prove that they terminated you because of your pregnancy and that will be nearly impossible. I'm so sorry you are dealing with this.

esr9435 · September 2014

I am in an at will state and going through this myself. I have a lawyer and would advise you to do the same. At the very least, they can help walk you through what is and isn't legal.

melanchitty · September 2014

@esr9435‌ what happened in your situation if you don't mind me asking?

esr9435 · September 2014

@melanchitty‌ I was laid off due to financial reasons, but was the only one. I can't really comment on it more for legal reasons obviously. But I will say I wasn't sure if I had a case, so I took it to a lawyer and had them help me decide. Typically, they do not charge you until it's decided you have a case. Employment law, especially with woman/pregnancy, is a very gray area still. My husband and I just decided we weren't going to sit around and do nothing...you have to look out for and protect your family because no one else is going to, you know?

RayRay007 · September 2014

I don't think any states are like this but in Canada there is a presumption in favour of a complainant in a case like this and it would be up to the employer to prove otherwise, so it would definitely be worth a complaint (to the human rights commission, not a civil suit). If you don't have that available to you, you'd have to weigh your losses and the cost of pursuing an action. I'm sorry you have to deal with this, it's totally shitty.

sarals24 · September 2014

Ha. Definitely not like that in the US!

rshamos · September 2014

I'm in an at will state, and it is pretty easy to fire someone or lay them off. However, it is kind of hard to fight unemployment. Especially since they gave you a letter saying they are letting you go and you are not quitting, it should be easier to get unemployment. Of course, speak to a professional!