June 2015 Moms

I need all the advice and tips I can get from you ladies.

edited December 2014 in June 2015 Moms
So I had started a new job back in November, I had recently told my boss that I am pregnant and that I have HG so I need breaks to drink water and possibly puke when needed because every time I would go to the back to drink water or attempt to sit down he would make rude and sarcastic remarks to me. Well an hour after I had told him he had me scrubbing the floor on my hands and knees with chemicals and told me to get over it and move on. Then he cut my hours from 20+ a week to 5. When I talked to him about it he had nothing to say then this week cut my hours to 4. I had put in my two weeks notice and went in today for my shift only to see I was already taken off the system and basically fired when I had a week left before my 2 weeks was up. I never even got told not to show up or anything so I felt embarrassed walking into my work only to be told I no longer work there. He hasn't answered my phone calls and wasn't there when I showed up so my question is how far can I take this legally. There's a lot more to the story but the way he's running his store is illegal. Also I can't call the corporate offices because he is the owner of the store down here where I'm from.

Re: I need all the advice and tips I can get from you ladies.

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  • @leenziepops‌ I want to but idk what I would sue for. Would it be discrimination and wrongful termination or what, because my pregnancy and HG was not affecting my work what so ever.
  • So I had started a new job back in November, I had recently told my boss that I am pregnant and that I have HG so I need breaks to drink water and possibly puke when needed because every time I would go to the back to drink water or attempt to sit down he would make rude and sarcastic remarks to me. Well an hour after I had told him he had me scrubbing the floor on my hands and knees with chemicals and told me to get over it and move on. Then he cut my hours from 20+ a week to 5. When I talked to him about it he had nothing to say then this week cut my hours to 4. I had put in my two weeks notice and went in today for my shift only to see I was already taken off the system and basically fired when I had a week left before my 2 weeks was up. I never even got told not to show up or anything so I felt embarrassed walking into my work only to be told I no longer work there. He hasn't answered my phone calls and wasn't there when I showed up so my question is how far can I take this legally. There's a lot more to the story but the way he's running his store is illegal. Also I can't call the corporate offices because he is the owner of the store down here where I'm from.
    Why does this matter? You should be able to call the corporate HR department about any issue, no matter what.
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  • @leenziepops‌ I want to but idk what I would sue for. Would it be discrimination and wrongful termination or what, because my pregnancy and HG was not affecting my work what so ever.

    Not sure how the system works where you are. In Australia you would win the case without even blinking. You simply cannot treat women in the workforce that way. 1 ) OH&S violation by making you work with chemicals and physically endanger your health by working on hands and knees
    2) Reduced hours with no grounds.
    3) Unfair dismissal. You can't get your shifts cut like that .
    2 and 3 only apply if you were employed on contract and not casual employment. Bosses can fire you without notice on casual.

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  • @Trampslikeus‌ I signed a contract before this store opened, it is part of a franchise and this was the first store in my city so that's why he's the owner and stuff. But the contract was for the whole company itself.

    @musictchr25‌ when I asked for a corporate number my supervisor said there was no number that I had to talk to my boss himself but I've gone on our website and called the corporate number there but there is not an option to speak to HR or anyone remotely "labeled" to handle this situation. :|
  • I had something similar happen.

    My job was 45mins away from where I live. They knew this when I started almost a year ago. Well, after I told them I was pregnant they started treating me like crap. One of the owners called me to his office & pretty much told me I needed to find an OB closer to work because they weren't going to accommodated me with Dr. appointments. When I told him I wasn't going to switch Dr's he pretty much told me that it wasn't going to work out unless I did.

    Two days later he asked me what I had decided. I told him I wasn't changing my mind. Later that day my 7 coworkers were called individually into his office and I found out they all got a $300 Christmas bonus. I got nothing.

    The next day, around 10am, he asked me yet again if I had changed my mind. I said no & he said, "Well then I wish you the best. You can finish out the day but today will be your last day." and walked away. I went & got my stuff out of office and left right then.


    I'm sorry you were treated that way. It's not right and he shouldn't get away with it. Good luck!
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  • @CMSullivan326‌ I am so sorry your boss was also a fucking asshole. I'm going to try and not let him get away with it. I'm not one to go down without a fight.
  • The issue that I see is that (if I'm following the story correctly,) you already turned in your 2 weeks notice before the hour reduction and early termination occurred. As far as I'm aware, technically after you turn in your 2 weeks, everything that happened is legal.

    Also, are you in the US? Do you live in a Right to Work state? If so, don't bother with the lawyer, you'll lose.
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  • @elbowpasta‌ the two weeks notice came after the hour reductions. I am in the US, I live in Texas.
  • If it was "at will" employment, they can terminate you anytime after you turn in your resignation without consequence. Check your personnel policies.
  • Yeah, I'm in Dallas... Texas is a Right to Work state, which, contrary to what you might assume by the name "Right to Work," employers can essentially do whatever they want, and can terminate employment for any reason.

    I'm so sorry you went through that, it really really sucks! I'm in no way siding with your former boss, but, legally you've got almost nothing against him... :(
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  • Yeahhhh...  my company, though in New England, is based in Texas.     Probably one of the worst states for employee at-will rights.

    You have no legal standing based on what you described, especially after putting in your notice.  In fact, in my paperwork, it says the employer has the right to decide if the 2 weeks notice is even granted - that once you say you're quitting, they can tell you to sign out and go home. 

    Sorry, it sucks, but hopefully you'll find a better working environment after this experience!

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  • Thank you @elbowpasta‌ and @Trampslikeus‌ I just want to at least let someone know "hey this man is doing things illegally check it out" because I'm not the only one being treated unfairly and I don't want some of the great people I worked with to have to go on being treated this way.
  • This is bullshit, I just went through almost the same situation. From the day I announced my pregnancy, everybody started acting differently. I was so sick early on and I got no sympathy whatsoever, not that I expected any. Instead, I got a letter telling me that I was no longer allowed to call in sick due to "illness" or any appointments relating to my pregnancy.
  • Knottie20244554CMSullivan326 I'm sorry you had such awful work experiences. I don't know how people can treat other people that way. It's not right. :(
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  • @ewright147‌ are you serious?! That is so ridiculous! I hate when people treat pregnancy like its the worst thing in the world. We are still able to work we didn't get a limb cut off. Some bosses are just fucking assholes. :-L
  • I would definitely keep calling until you get an employee complaint line or HR. The corporate office should know about this person and how they are impacting their brand.

    Unfortunately it doesn't sound like you have much of a legal leg to stand on. I would report him and try to let it go. People who act like this are not worth your time and you are better off!
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  • I wonder if Human Rights, the Labour Board or Employee Standards would have recommendations. Even before you had put you notice in, it's unfair that you were being treated different and your hours were reduced right after disclosing you were pregnant.

    I'm sorry you had such an awful experience. I'm sure your experience will be better at your next work place, and it's great news that you're outta there. Yikes. Scary place to work.
  • Thank you ladies so much for the input, I'm going to call corporate again tomorrow and check out all the city business bureaus I can call to see if I can get an investigation going. My main bitch was that he had me on the floor scrubbing right after telling him I was pregnant and then started cutting my hours. I didn't get paid much to begin with so getting cut to 5 then 4 hours a week was just basically paying for the gas to work and that's it. I'm glad to be out of that hell hole but I will miss my coworkers :(
  • Even if there isnt a HR hotline that you could call, see if there is a guest complaints email address that you can email to.  My DH did this behind my back when I was working in a restaurant. I had gotten my degree in business management and had 6 years of restaurant management under my belt. My Area GM gave me issues for taking a day off so that I could go to graduation even though I had told them back in September when my graduation would be in JANUARY. DH who was just my boyfriend at the time emailed corporate and explained how i was being treated and how i was able and willing to work 40 hours a week and they were constantly cutting my hours and using the excuse that I was still in school. Even though i had graduated 2 months prior.  My area GM was pissed at me for going to corporate even though when she called for a meeting i was 100% blindsided because I had no idea what the F she was talking about. By it made he realize that i was willing to and able to work the hours that I had been telling them that I was able to do.   I was part of the management team that opened a new store. I shortly left (6 months after) because of a better job opportunity but sometimes you have to get corporate involved even if it is a franchised store... they can take the store away from him and make it a corporate location if he isn't following standard policy's. 

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  • I live in Virginia, which is also a right to work state. With one job,after I turned in my two weeks notice I was basically called into a meeting about three hours before my shift ended and told (in a nice way) that I wasn't finishing my two weeks. Another job, I came in after a long fourth of July weekend to see I was only on the new schedule for two days. When I asked what was going on, I was told that the following day would be my last. I was a good, reliable employee. I never did find out what prompted him to let me go like that. Yay for right to work states....... 
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  • Luckily I work with almost all women and my immediate managers are women who have mostly all been pregnant in the past few years so my pregnancy is not a big deal. So I don't know what you're going through but it sounded like it was awful and you're probably better off now not being there. It sounds like your boss was a world class jerk and I would report his wrong-doings to someone higher than him. I hope you can find a job that treats you better.
  • You will need to consult with an attorney in your state to see what applies here. Perhaps the ACLU. And I'm not an ACLU fan.
  • So I had started a new job back in November, I had recently told my boss that I am pregnant and that I have HG so I need breaks to drink water and possibly puke when needed because every time I would go to the back to drink water or attempt to sit down he would make rude and sarcastic remarks to me. Well an hour after I had told him he had me scrubbing the floor on my hands and knees with chemicals and told me to get over it and move on. Then he cut my hours from 20+ a week to 5. When I talked to him about it he had nothing to say then this week cut my hours to 4. I had put in my two weeks notice and went in today for my shift only to see I was already taken off the system and basically fired when I had a week left before my 2 weeks was up. I never even got told not to show up or anything so I felt embarrassed walking into my work only to be told I no longer work there. He hasn't answered my phone calls and wasn't there when I showed up so my question is how far can I take this legally. There's a lot more to the story but the way he's running his store is illegal. Also I can't call the corporate offices because he is the owner of the store down here where I'm from.

    Whilst this guy sounds like a bit of a dickhead it also sounds like you mislead the company in a big way.

    You get a job in November, say that you can fulfil the requirements and can do the job description. 1 month later with no tenure, value or experience in that position you then change the goal posts because your pregnant. I think this is all a bit of a cop out. I understand you need to work because your pregnant but your colleagues also need you to pck up the slack. You shouldn't be paid for a job that you can't do. That's not fair. It's not fair that you get 5 minutes break (100 paid minutes of work) a week if you took a break every hour and your other colleagues aren't entitled to the same thing.

    Sorry maybe I sound like a dickhead too but if you know your pregnant why apply for jobs and accept jobs you truly know you can't do in it's entirety?
  • I'm in HR.... the actions he took toward you sound discriminating and harassing and, without knowing the FULL background, to me it sounds like you have a discrimination/harassment case on your hands (one my company would opt out of fighting...) I would find lawyers in your area who offer free consults and give them the FULL story, and talk to your local labor board/unemployment office.
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  • I feel you. My boss is a complete a-hole to me, before pregnancy I was never off and since being pregnant I have been so sick so had to phone in a good few times, my boss called me into the office and said 'your only pregnant, I've had lots of pregnant people in here' my thoughts were.. Fair enough but every woman experenices it differently, I'm only contracted to 4hrs per week as the rubbish company I work for only take you on as part time. I called in this weekend as I was at ER Friday night with pain & they told me to take it easy, well my boss had put me in for a 9hr shift on my feet that Saturday, I phoned in and explained id been at ER, I went in today handing my sick note for two weeks off from my doctor, I have a feeling I don't have a job anymore.. He makes me feel awful & I hate the place. You can sue their asses for firing you and treating you like that. They must have a good reason for firing you, it cannot be pregnancy & you are entitled to know what that reason is. Good luck. I'm in your currently situation.
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  • edited December 2014
    @mishmardhiono‌ I work at a bakery/retail store. All my other coworkers are able to take lunches and breaks even if they're there for 5 hours while I used to be there for 7 hours with NO breaks and NO lunches. Like I stated before it was not affecting my work period. I work with the customers so basically all I do is get them their cakes and check them out. I wasn't saying that I need breaks every five minutes but whenever I do need to use the restroom or take a drink of water I would like to do so without sarcastic remarks being said to me. Also I never complained about anything I would do my job as best as I possibly could. Every customer I got would compliment me and how friendly I was. I never mislead my boss or the company in any way. I was still working the same even after telling my boss I was pregnant. He instantly changed his attitude towards me after telling him. This job was easy and I was able to do it in its entirety so I knew what I was doing when applying for this job.
  • @C6091‌ wow your boss is a dick. Keep me posted on what happens with you!! If you become jobless fight for the injustice that's been done to you! :P But seriously we can't let these assholes get away with treating pregnant women like this.
  • It didn't effect your work for 4 weeks? I don't want to make you feel bad or be a wanker but again it comes down to meeting your obligations. As an employer you hae obligations to meet and contracts to honour. As an employee you also have the same responsibilities. If you don't meet the contract then it's null and void. On both ends, if he doesn't pay you you can go higher. If you don't do your job in it's entirety then he can go higher. If
    You go higher you sue him, if he goes higher your sacked.

    I'm sorry if it's harsh but get a grip. Being pregnant isn't a disability and if you feel as though it is debilitating to the point you can't do your job then you a. Need to take steps to stop it being and if you can't then you need to acknowledge you can't wok and move on instead of your boss.

    I have hypermesis and pelvic girdle pain as well as being the single income earner in our household. I work 60 hour weeks in a prison because I have no choice. This is the journey we embarked on and my circumstances are not my employers problem.

    So I am sorry but I think at 20 hours a week, working in a bakery you probably could have sucked it up a bit more and if you couldn't then that is now unfortunately a consequence you have to live with. Try find an admin job or a stay at home job.
  • While I agree he sounds like a total dick I'm still not understanding what he's done that's illegal. Unfortunately making sarcastic comments isn't illegal.

    Agree. If you are a part time employee without a specific amount of weekly hours written into a signed contract, it's completely your boss's perogative as to how many weekly hours he schedules you for.

    Additionally in one post you mentioned needing to go to the back to sit down for a few minutes every so often but then you said your job is to work the counter which sounds like a job where standing all day would be essential. By abandoning your post at the counter to take regular sitting breaks you aren't exactly doing your job. Though I would argue that it would be a reasonable accommodation for your boss to have let you keep a bottle of water at the counter with you so that you wouldn't have to go to the back to drink.

    I worked part time in retail for many years. The only sitting happened during my assigned breaks. If I couldn't stand for an 8 hour shift they would have given me shorter shifts (and therefore fewer hours). Unless there was an existing job there that involved sitting down that you could have reasonably traded with another employee, there wasn't much you could do other than stand and work all day or not work.

    Even in a full time position being pregnant doesn't preclude you from being fired if you can't do your job. If you had HG and couldn't go into the office and went over your sick time allowance, you would need to either be able to work from home (not possible for every job) or get a doctor's note to go on short term disability so you'd be protected. You can't expect to continue getting paid for not doing your job. Pregnancy is not a "get out of work free" card. Reasonable accommodations are necessary but you still have to be able to get your work done.
  • You may not be able to do much about the termination, but it's not safe for pregnant women to be working that closely with chemicals, if anything you may be able to file for an unsafe workplace suit. I don't know what the labour laws are like where you're from, I'm just going by what I know about Ontario. But at least let someone from the labour board know so they can't get away with this with any other pregnant women
  • The same thing happened to me. I lost my job over being pregnant. She just cut my hours to basically nothing.
  • Uhhh... This is not an ACLU issue. Please do not contact the ACLU over this, it's a waste of everyone's time including OP's. Being a dick/life not being fair does not always lead to a lawsuit. People have wasted millions of dollars and hours figuring that out the hard way.

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  • Unless you have lots of money to donate to an attorney - do not sue - try to find a different job - understand you won't get paid maternity leave but maybe you can work more now and save money the. Find a better job after the baby comes.

    We spent more money than I care to say defending ourselves in a lawsuit. And though we "won" and got the judge to agree we did no wrong- he did not award us our legal fees...unlike what you see on court TV it's not always a positive outcome when you sue someone. Unless you're the representing attorney.

  • You can contact your local EEOC office or the Texas Workforce Commission to speak with them about possibly filing a discrimination complaint against your employer. It sounds like you're saying you requested an accommodation due to your pregnancy and your employer denied it, made you scrub the floors and cut your hours before terminating you. If meet the minimum requirements to file a complaint with them, they can conduct an investigation to see what happened. Here are links to each.

    https://eeoc.gov/field/index.cfm

    https://www.twc.state.tx.us/crd/how-submit-employment-discrimination-complaint.html

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