The letter starts out formally. and goes on to state the my adherence to my set schedule is below par or whatever. It lists every occurrence (late arrrivals, unscheduled absences, leaving early, and my maternity leave. Should my maternity leave be listed with the occurrences that resulted in my termination? I was late numerous times because I did not have adequate daycare arrangements to meet my schedule. my schedule change request was denied
2007-11-21 09:39:06 · 11 answers · asked by Me 2 in Politics & Government ➔ Law & Ethics
My concern about termination is the maternity leave listed. What should I do about this?
2007-11-21 09:48:11 · update #1
I live in Texas. The maternity leave was correctly documented and followed.
2007-11-21 09:58:51 · update #2
Can I get unemployment you think?
2007-11-21 10:03:30 · update #3
It can be an issue if you violated the original agreement. In otherwords if you said you would be out 6 weeks and were out more without adequate documentation or physician justification it could be an issue. Maternity leave is an agreement between you and your employer about how much time you will need to be off, if you didn't follow that it could be a problem for you. Did you go earlier stay longer or any of those things. But I can tell you as a person who has been in HR. if you have not been dependable and there is a consistent pattern of undependable behavior you have no case. Many companies have very specific guidelines on attendance and punctuality and there is no wiggle room in those.
My adivice to you is to move on gracefully and learn from this experience and do better next time.
2007-11-21 09:53:50 · answer #1 · answered by Jackie Oh! 7 · 2⤊ 0⤋
Your maternity leave should not be listed as a reason, especially since you were with the company for 2 years and I am assuming you had taken FMLA, right? They did have a right to terminate you based on all of the other information though so I don't think that there is anything that you can do. You can call the HR department and tell them that you dont understand why they put the maternity leave on there, but when it comes down to it they are obviously not happy with you there so its best to move on and find something else. I would suggest finding something that meets your schedule needs. This job you were at didn't have to give you a schedule change so that had every right to deny it. There really is nothing you can do except move forward.
2016-05-24 22:41:08 · answer #2 · answered by ? 3 · 0⤊ 0⤋
The maternity leave probably should not have gone on there but the other items would have been enough. As far as your request for schedule change being denied, if the work was required to be performed at a certain time then the request would be denied.
One of the toughest things I ever had to do was to fire a lady whose husband was on Chemo. She kept missing work to take care of him. When we told her she said "I wondered how long you would be able to let me get by with that." Her husband went into remission and we re-hired her.
2007-11-21 09:55:49 · answer #3 · answered by BigDog507 5 · 1⤊ 0⤋
If the maternity leave was properly documented, they can't use it as grounds for termination. However, you stated that other attendence issues were listed. Since they listed other issues the termination is considered legitimate. The NLRB will not overturn any termination if the employer can prove even the slightest violation of policy, whether it's enforced or not.
2007-11-21 09:54:08 · answer #4 · answered by xtowgrunt 6 · 1⤊ 0⤋
I think they made a big mistake by including your maternity leave on your termination paperwork...you may have a case because of it. It does sound as though you acknowledge you have been late many times but tried to change schedules. I think you should apply for unemployment and see what they say.
2007-11-21 10:40:30 · answer #5 · answered by lahockeyg 5 · 0⤊ 0⤋
If your maternity leave was approved time off then it can not be the basis for your termination. You should contact the HR department and point point that some of the dates listed were for maternity leave and that maternity leave is protected by federal (and possibly state) law.
2007-11-21 09:45:01 · answer #6 · answered by davidmi711 7 · 0⤊ 0⤋
Why are you focusing on the maternity leave?
You were fired because you had too many absences, approved and not approved, and because you couldn't get your butt to work on time.
Your employer is NOT responsible for your daycare problems. They have a business to run and expect their employees to be on time, work regular and show up when scheduled.
It is YOUR responsibility to adjust your schedule to meet your job requirements...not the other way around.
Your employer doesn't have to adjust your hours or change your schedule to fit your domestic problems.
2007-11-21 15:52:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Sadly, missing work for child care CAN get you fired. Workers rights have been stedily eroded by every administration since Reagan, INCLUDING Clinton.
If they are stating materinity leave they might be overstepping the line.
2007-11-21 09:46:01 · answer #8 · answered by Anonymous · 2⤊ 1⤋
Your maternity leave was a privilege not a right.
2007-11-21 09:59:17 · answer #9 · answered by firewomen 7 · 0⤊ 0⤋
contact your state's department of employment for answers and potential help.
2007-11-21 09:48:50 · answer #10 · answered by qb 4 · 0⤊ 0⤋