im 8 months pregnant. i live in sc. my job terminated me about a week ago. my manager told me it was becuase of three complaints but she didnt know what they were. that unabled her to give me a verbal warning. whoever she spoke to told her it was out of her control and to let me go. i had to track down the district manager to find out the story but even then with that being done, i was already terminated with a phone call before i spoke to her. i just called to find out what the complaints were. what can i do about this? can this really happen? can they get away with this? did i mention i never recieved a write up EVER as long as i have been working with this company.
2007-12-27 16:47:24 · 5 answers · asked by nicole f 1 in Politics & Government ➔ Law & Ethics
Hmm... By making the fact that you were 8-months pregnant such a prominent detail, it seems as if you may know why you were terminated, and want to use this status as a crutch somehow.
2007-12-27 17:06:17 · answer #1 · answered by dflocks80 4 · 0⤊ 0⤋
My advice (and it is NOT qualified legal advice) is to talk to a lawyer about the situation, emphasizing the fact that you are pregnant and were let go without an explanation. The implication is that it has something to do with your being pregnant, which would be a violation of federal law. Let the lawyer take that to the employer. That should have two effects: 1) to let your employer know you have hired a lawyer, and 2) to let them know that your attorney believes they may be violating federal law.
Likely outcomes:
1) You'll still be fired, but you'll get family and medical leave or something like that as part of a negotiated settlement.
2) You may be hired back just to avoid the legal hassle... but watch your back and hang onto your lawyer!
3) You may be offered a cash settlement in return for their not having to explain their reasons... PLUS some kind of coverage for the pregnancy, such as extension of health benefits past your date of termination without COBRA kicking in.
4) You may end up in a lawsuit with the employer. You MAY win, but I guarantee you it will be frustrating, excrutiating and almost not worth it, so make sure you and your lawyer believe that a) it's the best thing to do, and b) that you'll win. Otherwise you will have some big legal bills to pay.
Good luck, and my sympathy to you.
2007-12-27 16:55:25 · answer #2 · answered by Don M 7 · 1⤊ 0⤋
Your employer is not required by law to give you a written or verbal warning if your offense is egregious. General complaints don't seem to be alarming, so you are probably within your rights to be able fix what you did wrong first.
You can file an EEOC claim ONLY if you believe that the reason you were fired was because of your pregnancy- which would be weakened if they can prove you were fired because of the complaints.
2007-12-27 16:50:59 · answer #3 · answered by ChocolateCoveredGoodness 5 · 0⤊ 0⤋
Pretty much any job can fire you w/o warning or write ups. Depends if its a small business or corporate. If they have proof or anything that you aren't doing your job or they have complaints and you think they r wrong its he said/she said. Unless there is real proof. If there was real discrimination or anything like that, you should have proof, witness, etc. I have seen many people get fired for many reasons and no reasons. If they mentioned complaints, then you should have the right to know what they were. I would look into the dept of labor in your state.
2007-12-27 17:04:23 · answer #4 · answered by bklynchick60 1 · 0⤊ 1⤋
South Carolina is an "employment at will State. They can fire you at any time for no reason at all. All you can do is look for a new job.
Richard
2007-12-27 16:52:02 · answer #5 · answered by rickinnocal 7 · 1⤊ 1⤋