I've been at my job for 6 months (found out I was pregnant 2 months after starting the job) ... then told my boss 2 months ago.
(I'm now 28 weeks pregnant).
She just told me that she is going to have to let me go because she wants someone with an accounting degree (which I didn't have when I got hired .. she knew that)! and says shes going to hire someone to do my position and the accounting all at once. So that means I don't get maternity leave??
When I was hired ... it was on a 90 day trial basis .. everything was great! never said anything about hiring anyone else .. ( I didnt tell her about the pregnancy until after the 90 days) .. now all of a sudden since its almost time for maternity leave and disability .. she's letting me go!
Is it because I'm pregnant???
I've never missed a day or messed up any assignment!
do I still get disability for the pregnancy?? and what about maternity leave??
any advice would be great!
thanks! :)
2007-04-16 07:21:49 · 23 answers · asked by Anonymous in Pregnancy & Parenting ➔ Pregnancy
*at the original interview (before I got pregnant) she asked me did I plan on having children in the next two years (and I said no) because she said she wasnt going to hire anyone who planned on having children in the next two years!*
*and I truly didnt plan on having children ..we were going to wait until my husband finished school .. I got pregnant with this baby while being on the pill)
2007-04-16 07:23:03 · update #1
She also said, the new girl is starting in 2 weeks but she'd like to have me fill in once in a while???
so, obviously I didn't do anything wrong ..
2007-04-16 07:23:43 · update #2
I would go directly to the labor board. It is against the law to discriminate against a pregnant woman. It seems she has cooked up some excuse to cover her a**.
Gather some coworkers who can vouche for you. Get them to sign a sworn affidavit that you can submit with your claim of wrongful termination. You will want to include her comments from your interview as evidence that she has previously demonstrated a discriminating attitude about pregnancy, that way her excuses will be seen as less credible.
I don't know what your state's requirements are for FMLA (Family Medical Leave Allowance) or for STD (Short-Term Disability) but I think you have been working long enough to qualify. In California, FMLA pays up to 6 weeks leading up to giving birth and STD kicks in for up to 6 weeks after giving birth. I think you qualify for STD regardless, it's the FMLA that has stricter guidelines. Contact your social security office and learn your rights. At the very least, you qualify for unemployment.
Good luck and congrats
2007-04-16 07:49:12 · answer #1 · answered by Nicole 3 · 2⤊ 0⤋
First off, the question she asked in the interview is 100% ILLEGAL. A company cannot ask your familial status and she CERTAINLY can't tell you that she doesn't want to hire someone who's going to have kids soon!! Based upon that interview question and the current circumstances, It certainly seems to be discrmination.
Are you sure you even get disability? Many benefits only kick in after 1 full year of employment. Maternity leave-- most companies dont pay this at all. Double check those benefits. If you're not going to get them anyway, then talk to the boss. Tell her you would like to work until you leave for the baby, and if she doesn't allow you to, you'll look into legal represenation due to discrmination.
If you WOULD get those benefits... talk to a lawyer first and see if there's a way to still get them. At the very least since this is a "layoff" situation, you may qualify for unemployment.
2007-04-16 07:37:39 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Well you can get un-employement no matter what. She will try to fight you on it but you will win. As far as the pregnancy thing, chances are yes that is why she let you go but good luck trying to prove it. You can get aid from the goverment for well baby check ups etc.. She should have been a little more clear with you in the begining and things happen. She can't fire your or tell you that is the reason because she can be sued for discrimination amongst other things. Perhaps they really need some one there 7 days a week and maybe they are already behind etc...what ever there excuse it but. I am sorry you lost your job; but things happen for a reason!
Good luck!
2007-04-16 07:29:42 · answer #3 · answered by pattiof 4 · 2⤊ 1⤋
First off, without having all of the details, it does sound like your employer did fire you with out just cause. However, the only way to know for sure is to contact a labor attorney. You can check with the bar association for your state or look in the local yellow-pages. Now as far as maternity leave, in the State of CA, as long as you worked in the quarter preceding you actually taking maternity you are eligible to receive it. The best way to find out is to simply apply for it. The worst they can say is no. CA allows 4 weeks before your due date and 6 weeks post-partum.
2007-04-16 07:39:14 · answer #4 · answered by D D 2 · 1⤊ 1⤋
I think you have a strong chance of winning a unlawful dismissal lawsuit. Seriously look into hiring a lawyer. If you weern't pregnant it wouldn't be worth it but because you are now 28 weeks and were depending on your maternity leave pay - you aren't going to find another job before you have your baby that will pay you maternity (you have to be there a certain # of months to qualify). Hire a lawyer.
2007-04-16 07:28:43 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Well, first of all it was not even legal for her to ask you about your plans for a family. To not hire someone because of family plans or age or marital status or race is called discrimination. You could take the company to court if you wanted to go that route. i don't know how strong a case you would have if nothing is documented though, such as the questions she asked you in the interview. i believe that she is letting you go because of your pregnancy. Sounds like you really got the short end of the stick. Best wishes with your new family!!! :)
2007-04-16 07:31:00 · answer #6 · answered by fair blue 5 · 1⤊ 1⤋
I'd talk to a lawyer just to be sure, but it sounds like she's covered her bases by saying she wants to hire someone with a degree.
If you get fired, then you likely will not be able to collect diability for the birth.
I wouldn't "fill in once in a while". Tell her it's either a job, or it's no job. You're not for sale, honey!
2007-04-16 07:52:49 · answer #7 · answered by Waiting and Wishing 6 · 1⤊ 0⤋
Where do you live? If you live in Canada, you can get unemployment since you are not being fired "for cause".
I would also advise you to speak to a lawyer. It sounds like you are being let go because of your pregnancy and that's illegal. A good lawyer should be able to tell you what your options are and what your chances are of winning a lawsuit.
Also, if you are part of a union, you should be able to file a grievance.
2007-04-16 07:39:46 · answer #8 · answered by Anonymous · 2⤊ 0⤋
Hmm that is pretty much what it sounds like. I was in the same kind of situation with my last pregnancy. Only they came me such a hard time being pregnant that I just quit. Unfair??? Yes...but it is your word against theirs, I am not really sure what else to say.
I am sorry that you are having to deal with this now. Good luck to you =)
2007-04-16 08:14:42 · answer #9 · answered by ♥just me♥ 5 · 1⤊ 0⤋
I would talk to a lawyer if I were you, it really sounds like this woman fired you because you're pregnant. Get as much legal advice as you can before talking to her or anyone in the company. Good Luck!
2007-04-16 08:03:59 · answer #10 · answered by ELW 3 · 1⤊ 0⤋