I had only been with them for 4 months when this happened. They put me under so much stress right before the miscarriage that I just could not manage my workload and I feel that they were greatly to blame for the miscarriage. They have used my lateness (caused by bad morning sickness) and my not completeing tasks (because 2 other people were absent and I couldnt manage my work and theirs with no help at all) as the reasons for dismissing me. But I found out by accident that my job had been advertised the week I told them I was pregnant. Can I claim unfair dismissal?
2007-01-11 10:01:50 · 13 answers · asked by jens21angel 2 in Politics & Government ➔ Law & Ethics
If you are working in the United States, you need to contact your local labor board. Under the Family and Medical Leave Act, your job should have been protected. If you can show the ad was placed after you notified them you were pregnant, you most definitely have a discrimination case.
2007-01-11 10:08:41 · answer #1 · answered by Bandmom 2 · 1⤊ 0⤋
If you are in the UK and they said that the reason for dismissal was lateness, and this was genuinely related to morning sickness then this is a case of indirect discrimination as it is applying a policy that indirectly discriminates against you compared to a man. (there is no need for a male comparator).
In the UK they must have taken you through a disciplinary procedure wo which you must have had a right of appeal if they have failed this then they are further in breach and this must be brought up. you must also make an appeal otherwise it is possible it may hamper any possible tribunal claims. Put you claim in ASAP as they are time barred to 3 months after the dismissal and speak to a solicitor who deals with employment law.
2007-01-14 12:46:53 · answer #2 · answered by plastic paddy 2 · 0⤊ 0⤋
Do you work in an employment-at-will state? Furthermore, did the company have a probationary period for new employees? If you were working in an employment-at-will state I do not see a cause of action against them because the company or you yourself could end your employment with the company at any time.
You could contact a Labor Lawyer in your own state to discuss this matter with him or her but based upon the facts that you wrote above, I do not see a cause of action against your former employer if you live in an employment-at-will state.Furthermore, you said they advertised your job the week you told them that you were pregnant. Did the advertisement say it was YOUR job or did the ad just have a job listed that had the same duties and responsibilties as your job etc had?. Also, did you have a probationary period attached to your emplyment? If there was a probationary period you were working under at your job, they can let you go for unsatisfactory job performance (lateness, not completing tasks assigned etc.) but you really need to contact a lawyer in your own state to determine the laws of your state.
2007-01-11 10:14:43 · answer #3 · answered by attyvette 2 · 0⤊ 0⤋
Hi Jen,
If you are in the UK and your sacking is due to pregnancy then it is automatic unfair dismissal irrespective of length of service, for this to apply you must show that the dismissal was directly or indirectly to do with you being pregnant. Talk to an employment solicitor.
Good luck
2007-01-11 22:29:45 · answer #4 · answered by LYN W 5 · 0⤊ 0⤋
I doubt it...the first 6 months of employment is a test period and you showed poor work ethic within that time period. Now as a woman I completely understand the morning sickness and whatnot, but as a boss whose always had ppl under me, that doesnt matter when it comes to running a business....pregnant or not you needed to be responsible with your job duties and you weren't. Sorry but better luck next time....
2007-01-11 10:37:33 · answer #5 · answered by Sharlala 5 · 0⤊ 0⤋
Research that legal matter on the sites below. Make sure to change the State/Location in which you reside or work. Hope this helps. If you are looking to get access to an affordable attorney in your state, click the last link and watch the online movie presentation. Hope this helps.
2007-01-11 10:12:43 · answer #6 · answered by citronge69 4 · 0⤊ 0⤋
You were not in the job long enough to claim unfair dismissal. But it is worth having a word with these people, as there was clear gender discrimination here. http://www.eoc.org.uk/
2007-01-11 23:49:26 · answer #7 · answered by Doethineb 7 · 0⤊ 0⤋
A lot depends on length of service as you have less than 1 year in service an employment tribunal is not an option . you may have a case for breach of contract but you will need to take expert legal advice on this as it is far from straight forward
Sorry i couldn't be more specific
good luck
2007-01-11 20:34:56 · answer #8 · answered by The Fat Controller 5 · 0⤊ 0⤋
Yes I am sure you have a case for unfair dismissal. Check with the citizens advise bureau, they will help you with any procedures to take.
2007-01-11 10:11:40 · answer #9 · answered by mistickle17 5 · 0⤊ 0⤋
I am not sure what the legislation says but really you weren't performing to high enough standards otherwise they would have kept you. For any legislation to make them keep you on would have been unfair to the employer and their other employees.
2007-01-11 11:23:48 · answer #10 · answered by frank S 5 · 0⤊ 0⤋