For those that responded to my earlier question by saying that my niece should have been fired, you're missing my point I think. I dont have a problem with her being fired, I have a problem with people making comments that women who have children should work at home. Im not looking for help from an attorney, just want to know if her rights were violated in any way by the comment by human resources.
2007-02-21 08:05:49 · 6 answers · asked by robbie d 1 in Politics & Government ➔ Law & Ethics
Though the response was in poor taste, her rights were not violated. In a stretch, one could say they were violated if they were made before she was fired. Some laws only protect employees. Once she was no longer employed, she lost the protection of those very specific laws.
2007-02-21 08:26:17 · answer #1 · answered by Jack 7 · 1⤊ 0⤋
I haven't read the earlier question, so I don't know the whole story. But based on what I've read here, I'm fairly certain her rights were violated.
If it was simply that she didn't show up on a number of occasions (especially without calling but it isn't absolutely necessary for her to have not called to fire her), even if it was for her children than she has no case. But it appears that human resources said something that suggested she was fired specifically for having kids that might take up some of her time (time they can no longer use) rather than she wasn't doing her job; well in that case they screwed up thoroughly and I would have her look into getting an attorney for this.
I understand you and she may not be looking for one, with ideas like you aren't that kind of people and so on. But they violated her rights strongly if they did this because she had children. I would at least look into this, it might happen to someone else.
2007-02-21 16:13:48 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Her rights were not violated. She wasn'tthere doing her job, because of this or that. They have the right to let someone go or fire them if they are not reliable etc.... People can make all the comments they want. They were merely suggesting that she might want to work at home because she has too many problems involving her kids being sick. Maybe you don't know the whole story. Maybe this has happened to often. If your niece wants to work she needs to have a back up plan. I wouldn't want someone working for me who couldn't cut it, either they want and need the job or they don't.
2007-02-21 16:22:15 · answer #3 · answered by Anonymous · 0⤊ 0⤋
No. The person who made the remark was certainly inappropriate and obviously has nothing between her ears..but your niece wasn't fired because she has children (that would be a rights violation), she was fired for excessive absences....
2007-02-21 17:32:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I read your first question and didn't answer because I don't really know the law regarding the situation, but I did find it wrong that they said the thing about working from home. Either the person saying that is a jerk or an idiot.
2007-02-21 16:11:43 · answer #5 · answered by apple juice 6 · 0⤊ 0⤋
Maternity leave is 6 months fully paid.
Paternity is 3 weeks.
Now THATS equality....
2007-02-21 16:14:09 · answer #6 · answered by Mighty C 5 · 1⤊ 1⤋