I recently found out I was pregnant and I told my boss. However I had to miss some days of work due to morning, noon and night sickness. My boss then fired me because he said I missed too much work and I was only allotted 5 days a year for sick days and I went over that. Is there any legal action that I can take against him for this? And where do I start? Thanks.
2007-10-12 07:27:52 · 5 answers · asked by Natalie L 2 in Politics & Government ➔ Law & Ethics
Yes. File a claim with EEOC. And get a lawyer to go after the B@$tard under FMLA and maybe ADA.
2007-10-12 07:31:54 · answer #1 · answered by rjrmpk 6 · 2⤊ 0⤋
It depends on if you live in a right to hire and right to fire state. Such states can hire you or fire you because you do or don't pick nose, like or dislike your hair, or for any reason at all...I would definitely look up an attorney in your area that offers a free consultation, you can find one in yellowpages.com. In the meantime; you should apply for unemployment. In most states you will still get unemployment benefits even if you have been terminated as long as you didn't purposely break company policies or purposely harm someone. There is a waiting period to receive your first check while they do their investigation, some paper work for you to fill out and required classes that you may be asked to attend, but just be honest with them and be patient as well. When you do get your first paycheck you will get back-pay. There is limitations on collecting unemployment when you are pregnet though; if you are far enough along they unemployment) will say that you are not employable, so get a jump on this quickly! You can just GOOGLE unemployment and apply on line...it's very quick and easy. Good luck and God bless you and your new baby. :o)
2007-10-12 08:10:38 · answer #2 · answered by latana2417 1 · 0⤊ 0⤋
If your company falls under the federal guidelines of FMLA then you could have filed the days missed for morning sickness under the FMLA (the days would be deducted from the 12 weeks you would have been allotted after the birth of the baby).
If you did not file FMLA or your company does not fall into FMLA rules (or you are not a qualified employee) then you would have to prove that either A.) this rule of 5 days is not company policy or B.) they do not follow this policy with any other employees.
Otherwise you may be SOL. Your employer has a right to expect that an employee (even a pregnant one) to come to work as scheduled. Your employer did not ask you to get pregnant - it was your choice and you still have an obligation to be at work, and excessive absenteeism is unacceptable.
2007-10-12 07:42:46 · answer #3 · answered by Susie D 6 · 2⤊ 1⤋
If you went over the sick day allotment, you may be SOL.
Did you document your absenses with a doctor and get him/her to specifically state that it was due to your pregnancy. I believe that you may legally get time off (for good or bad) related to the birth, but poss. not otherwise.
If you do end up jobless, at least you will have learned something....don't let others see your cards, they will use it against you.
Is it a small company, your rights may change in that situation and rightfully so. If you are a critical employee, the company might not have the resources to survive your absense regardless of reason. The pregnancy was your choice, not theirs, and they might not be able to afford the loss of your consistant services.
2007-10-12 07:44:37 · answer #4 · answered by yakrafter 2 · 2⤊ 0⤋
if your job is union then they cannot fire you---i had the exact thing happen to me when i worked at a&p but i missed alot more days, they tried to fire me and i appealed it---i had the head honchos at the table and they rehired me on the spot,if your company is not union call the labor board--good-luck
2007-10-12 07:38:01 · answer #5 · answered by A 1 · 0⤊ 0⤋