My wife was fired back the 1st of March of this year. Her official reason for being fired was failure to perform job duties. (This is the state of GA) She was 8 months pregnant and still working for this company. There was no warning letter, just a phone call saying you are being fired and we'll send you a letter why. She was blown away that she was fired. Is this worth getting a lawyer and fighting for the money? I dont know what to do.
2007-05-22 09:38:08 · 6 answers · asked by Sause 2 in Politics & Government ➔ Law & Ethics
We filed for unemployment but she was denied based on the "failure to perform job duties"
2007-05-22 09:46:08 · update #1
If it was a just cause firing, you are not entitled to unemployment. With that said, you can still file and go through the appeals process if you are turned down on your initial filing. You can also consult with an attorney. The first consultation is usually free. Contact you local or state bar association for a referral.
2007-05-22 09:43:42 · answer #1 · answered by JAY O 5 · 2⤊ 0⤋
You might want to talk with a lawyer, since there is usually no charge for the first consultation and see what their take on the matter is. Your wife should have appealed the decision at the time of the denial and had a hearing so that you would know the complete explanation for the denial.
2007-05-22 09:49:57 · answer #2 · answered by Lori B 6 · 0⤊ 1⤋
If the failure to perform her duties was because she was pregnant (i.e. she couldn't lift heavy things) the she'll qualify for unemployment (but her company will need to help you out with this).
If her failure to perform her duties was because of other things (i.e. she came in late often or didn't perform up to snuff) then this is more problematic and you should contact the unemployment office for info on how to proceed.
However, if they fired her because they didn't want to give her time off to have the baby you should contact a lawyer and look into suing them.
2007-05-22 09:44:41 · answer #3 · answered by tails 2 · 1⤊ 2⤋
Challenge the refusal of benefits on your own. Seems they may have fired her to avoid paying maternity leave. Common practice unfortunately. If you cannot manage alone, then yes, hire an attorney to help you. Just remember to take into consideration the legal fees.
2007-05-22 09:43:38 · answer #4 · answered by one voice 3 · 0⤊ 2⤋
Contact your local labor board. Being pregnant, sounds like they were just being cheap. In CA she would get disabilty while on maternity leave.
2007-05-22 10:01:31 · answer #5 · answered by ladytc 6 · 0⤊ 1⤋
Did she even file for unemployment???
You didn't say.
2007-05-22 09:43:08 · answer #6 · answered by Barry auh2o 7 · 0⤊ 0⤋