I've got a question regarding a job I've had for two months...?

Question

In training, we're told we are only allowed to miss 2 full days in the first 90 days before they terminate you. I recently missed 4 days due to a painful miscarriage, and they are considering letting me go...is this grounds for a lawsuit? I wasn't admitted to the hospital; however, I did end up in the ER on the third day...

Answer 1

Whoa!! Talk about harsh! Cynthia first off let me say, please, that I'm very sorry you had to go through that! And now this!

Call a lawyer (especially some of the ambulance-chasing pirates who advertise a lot on daytime TV) and tell them what's going on- say you think you've got a case, it only takes a moment to explain.

And regardless of what they say, if your employer begins making aggressive moves your way, I'm no expert but it might make sense for you to mention how heartless they're being, not to mention quite possibly criminal in their misconduct and you were just on the phone with your lawyer yesterday in case they decided to get sharky with you...

Answer 2

It depends on your states labor laws. However most states allow for an employer to dismiss a probationary empolyee for any reason provided it does not violate any civil rights statutes. However most employers are hesitant to dismiss an employee from any position probationary or otherwise when the employee is pregnant due to the legal liability and the fact Juries tend to be very sympathetic with mothers to be or women who have suffered a miscarriage. Best thing you can do is get medical documentation stating that the reason why you missed those days was due to medical reasons and provide these to your employer while stating that you are very intrested in keeping your position. At the very least your employer can extend your probationary period. As for any actual lawsuit you would have to prove that the pregnancy was the only factor that resulted in your termination. However that being said again I must repeat Juries are very sympathetic to mothers and potential mothers who have suffered a tragic event.

Answer 3

You could have gotten a Dr note when you went to the emergency room for the previous days that you were out. You could have explained to them that you were already out of work from the terrible pain and I know because I have had a couple miscarriages myself. Sorry for your loss. They would have given you the Dr note with no problem. As long as you have a written exuse from any Dr. then there is absolutely nothing your job can do to you. Another thing, if your work is so heartless to let you go because of a miscarriage and they will not give you another chance then this job does not deserve you anyway. If tey are acting like that now, then you can onnly imagine how they would treat you if something else happened.I would tell them to take their job and shove it because you deserve to be treated with respect.Especially after going through something traumatic like a miscarriage. For future references, make sure you always have a Dr note to back yourself up!If they fire you, it wouldn't hurt for you to call a lawyer and find out if there is anything you can do. Why don't you try showing the release paper from the hospital to your job. It might help you. If it doesn't then I would tell the lawyer how inconsidereate and disrespectful they are. Let me know how you make out. GOOD LUCK TO YOU!

Answer 4

It is not grounds for a lawsuit because you were told up front (and probably signed paperwork) that you could not miss more than 2 days during the probationary period.

However, this is an extraneous circumstance, and if your OBGYN or ER doctor will back you up w. medical paperwork, chances are your company will over look it.

I would get the medical paperwork and then go to your boss, in private, and explain the situation.

Answer 5

If you miss two full days in the first 90, you're gone,but you missed 4 and they are only considering letting you go. Sounds like they're considering cutting you a break.
, sueing is a waste. You knew the rules,
and by taking the job you agreed to them.

Answer 6

It depends. Because you were there only 2 months you did not qualify for FMLA. Normally they could fire you for any reason. But, you may have a case. It is illegal to discriminate based on pregnancy. That means, if they strictly enforce the 2 day rule, they can fire you compltelety legally. However, if they regularly (or maybe even rarely) make exceptions to it for other medical reasons, or non-medical reasons, you may have grounds to sue for backwages and reinstatement.
If you are fired, you should contact the EEOC (www.eeoc.gov)
Pregnancy discrimination is far too common, and you should prusue any recourse against the employer for your sake, and to help prevent it from happening again in the future.

Answer 7

Do you have proof of your ER visit? Is it stated in there that you had a miscarriage or can your OBGYN confirm you were pregnant? I believe your employer will take these to consideration before deciding your fate. Good luck.

Answer 8

Search such terms as: employee rights, employee attendance rights, employee medical +attendance. Get a note from the ER and fight it, if you want the job. You could probably look up the "companie's name and corporate relations" and get answers.

Answer 9

Yes, it is legally grounds for dismissal during your probationary period. If it is a union job they pretty much are forced to fire you.

Take heart though, if they really wanted you gone you would be gone already.

Answer 10

I'm sure it is legal if you were told up-front. Also, in TN, where I live, they can terminate you for any reason at any time....