A supervisor is threatening a co-worker to get rid of her, he doesn't like her and everyone at the office knows that. She is an excellent employee, he just doesn't like her. She is due at the end of the month and she is affraid that they would be fired. He doesn't want to approve her maternity leave and he keeps on looking for excuses to write her up and fire her.
Could someone provide some legal advise.
2007-07-17 11:44:01 · 10 answers · asked by mlosolla 1 in Politics & Government ➔ Law & Ethics
The Family and Medical Leave Act of 1993 is clear:
"(1) ENTITLEMENT TO LEAVE.--Subject to section 103, an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period for one or more of the following:
(A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter."
http://www.dol.gov/esa/regs/statutes/whd/fmla.htm
But to qualify she must have been working for 12 month and worked at least 1,250 hours. There might be other requirements so you need to call your local Labor Bureau. But if she doesnt meet this criteria she has no right to maternity leave and she can be fired.
If she qualify, then the supervisor must accept the leave even if he doesn't want. Call the labor bureu if he refuse to obey the law.
He probably will not fire her now because it will not look good for him to fire her just after asking for the maternity leave; but after the leave yes he can fire her; by law any employer has the right to fire people "they don't like" as long as they make clear the reason is not for, sex, race, religion or national origin they can pretty much fire any one.
2007-07-17 12:26:57 · answer #1 · answered by ? 7 · 0⤊ 0⤋
Anyone may be fired for just cause, this is nothing new. However, if a person is fired or receives otherwise unfavorable treatment solely because she is pregnant, this is a violation of law. Pregnancy is treated the SAME as anyone with a disability here in the U.S. Reasonable accommodations may be made if requested.
This is hard to document, to be sure. Wrongful termination based SOLELY on a pregancy will bring much litigation and a lawsuit to anyone who tries such a thing.
The Equal Employment Opportunity (EEO) legislation is quite clear and is available on many websites including that of the U.S. Government. Sorry I cannot recall any of them now.
I cannot provide legal advice, but encourage the affected party to look at the law.
Your spelling leads me to believe you may be British. If that is the case, your laws are different. I am only referring to what is correct here in the United States.
2007-07-17 11:53:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If they don't offer FMLA,yes,it's very legal that they fire you after you're pregnant. Not all jobs offer maternity leave or FMLA. They can't fire you if you take the two weeks vacation you have,but if they don't offer maternity leave or FMLA,there's nothing you can do about it. They can't fire you because you're pregnant,but if you don't return when your time is up,they are legally allowed to fire you. Unfortunately,this is something that some women have to deal with. They can't fire you for being pregnant,but they can fire you (especially if they don't offer FMLA or maternity leave)for not returning to your position in time.
2016-05-20 22:25:19 · answer #3 · answered by ? 3 · 0⤊ 0⤋
No one here can provide legal advice, but from a peer, your friend needs to document every adverse action that the man takes.
It would actually be a good idea if she went ahead and talked to an attorney to discuss her fears. The attorney could help her decide what actions to take, etc.
2007-07-17 11:58:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He MUST grant her the maternity leave. That is required by both federal and state law. She needs to give him written notice of the maternity leave from her physician, ASAP.
She CAN be fired, but not because she is pregnant.
2007-07-17 12:06:18 · answer #5 · answered by cyanne2ak 7 · 0⤊ 0⤋
Go to HR, and have her document EVERYTHING!!!! If the rest of you care about her, then do the same. And, yes, it's illegal what the supervisor is doing. It's called harassment.
2007-07-17 11:48:01 · answer #6 · answered by Anonymous · 0⤊ 0⤋
if she has FMLA (family medical leave act) protection, she cannot be fired for having a baby
have her talk to someone in the HR (human resources) department about FMLA ... and if she wants, she can talk to HR about how her supervisor as well
2007-07-17 11:47:21 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Go the EEOC site below to get the RIGHT answers.
2007-07-17 11:49:57 · answer #8 · answered by Faye Prudence 3 · 0⤊ 0⤋
yes it can be done as long as he is careful to not give proof that her firing had anything to do with her being pregnant
2007-07-17 11:48:03 · answer #9 · answered by tgatecrasher2003 3 · 0⤊ 1⤋
no she cannot but if he keeps it up trying to find a way to let her go then he is a jerk
2007-07-17 11:55:42 · answer #10 · answered by Anonymous · 0⤊ 0⤋