I was in probation period, and i told my boss I was pregnant, and he said it was okay, and he wouldn't fire me because of that reason. We'll I was supposed to get hired the 21st, and he fired me two days before, for no excuse. I wasn't on payroll, and I won't be able to file for unemployment. Legal advice please.
2006-11-22 06:29:25 · 13 answers · asked by Busy Bee 3 in Politics & Government ➔ Law & Ethics
I doubt there are too many lawyers on here and the labor laws vary from state to state. the best idea is for you to contact the labor board in your area and explain the scenario to them. You said you were on a probation period, yet not on the payroll??? Were you working for free??? If he paid you any wages during this time and did not take out taxes, nor report this to the State, he is also in violation of several laws concerning taxes and such. If he paid you wages and you have proof of that, you can take that down to the unemployment office.Good luck. Hope you find a better job, he sounds like a creep anyways.
2006-11-22 06:35:21 · answer #1 · answered by Island Queen 6 · 0⤊ 7⤋
why would you work someplace and not be on the payroll? Sounds like if somebody found out you were being paid under the table you, and your employer, would have some taxes to pay.
depending on the state you worked in, possibly nothing can be done. some states have an "at-will" policy which means you or your employer can just say bye-bye at any time without giving reason. you may still be able to file for unemployment depending on the reason you had to leave the job before this one.
2006-11-22 06:34:48 · answer #2 · answered by Jennifer W 4 · 1⤊ 0⤋
It depends on the state in which you work. Some states are "eomployment at will" meaning that an employer can fire you for any reason. Some states make it illegal to ask employees about thier family plans and some even make it illegal to hire/fire because of marital/family status.
Winning such a suit is difficult though as you would need to prove that the reason you were let go was because you were pregnant. The employer can always make up another reaon and unless you have some sort of proof the case is difficult.
2006-11-22 06:34:08 · answer #3 · answered by Louis G 6 · 2⤊ 1⤋
If you were on probation, you're stuck. During this period, the employer has fully free rein to decide whether you'll do or not, and can fire you for any or no reason at all... you chose the wrong time to get pregnant and not have it discreetly terminated. You should have waited the end of the period to tell him.
2006-11-22 08:14:09 · answer #4 · answered by Svartalf 6 · 0⤊ 0⤋
Wait a sec... you say you were on probation period but supposed to get hired on the 21st, but not on payroll... have you been getting paid?
That's confusing
If you aren't working yet, it sounds like they may have hired someone else.
Do you have a written job offer? If so, you probably have a case. If not, you're probably out of luck.
2006-11-22 06:39:23 · answer #5 · answered by MoltarRocks 7 · 0⤊ 0⤋
The Pregnancy Act of 1976 protects pregnant women from being fired simply because they are pregnant. The fact that you were in a probationary period is irelevant. As long as you were doing well on the job, you would probably have a case. Contact the EEOC, they will investigate for you at no cost.
2006-11-22 06:32:32 · answer #6 · answered by ? 6 · 2⤊ 1⤋
There's nothing you can do legally. You reached the end of your probation period and they chose not to extend that into a full contract.
2006-11-22 06:32:03 · answer #7 · answered by rchlbsxy2 5 · 2⤊ 0⤋
you were in a probation period, meaning that he can fire you during that time or not extend you
you agreed to that probation period when you were hired.
2006-11-22 06:33:57 · answer #8 · answered by arus.geo 7 · 1⤊ 0⤋
We can't give legal advice. Consult a lawyer.
2006-11-22 06:31:08 · answer #9 · answered by IMHO 6 · 2⤊ 0⤋
Personal advice...Don't tell your new employer you are pregnant. I know it is the right thing to do to tell them, but too many do the wrong thing with that knowledge. And you don't legally have to tell them
2006-11-22 06:32:27 · answer #10 · answered by hichefheidi 6 · 1⤊ 2⤋