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KateDevine
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Member since 6/06 24950 total posts
Name:
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X-Post from Pregnancy--I lost my job!
I posted this first on pregnancy b/c that is where I usually am, but I could use some feedback on what I can do.
My boss just called and left me a voicemail (I was on my landline) firing me
He fired me because he had given me a money order to send out the day before my doctor took me out of work, I put it in my desk for safe keeping and forgot to mention it to my co worker to send it out. It was his personal matter and I put it there for safe keeping.
Oh man. Ok. This will be ok, right? We will be ok, even though I am 38 weeks pregnant?
Man. Why can't things be easy?
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Posted 4/19/07 5:49 PM  |
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MrsMessina
Thankful for our miracles!
Member since 2/07 7254 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
Ok, I was under the impression that it was illegal to be fired while you were out on a medical leave... I would check with your HR.
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| Posted 4/19/07 5:51 PM |
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
 OMG!!!!!!!!! I honestly dont know if that is even legal on 2 levels!
1. for firing a preggo woman as far along as you are
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2. firing you for not taking care of a PERSONAL ISSUE 
OMG!! can you call HR??? I would NOT accept this! FIGHT!
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| Posted 4/19/07 5:51 PM |
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evnme
My little lamb
Member since 8/05 12633 total posts
Name:
aka momma2b
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Re: X-Post from Pregnancy--I lost my job!
talk to HR
i'm so sorry! that really sux and there has to be something illegal there....
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| Posted 4/19/07 5:52 PM |
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MrsMessina
Thankful for our miracles!
Member since 2/07 7254 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
Check this
Message edited 4/19/2007 5:55:04 PM.
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| Posted 4/19/07 5:53 PM |
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
Posted by MrsMessina
Check this
this is from that site:
Employee Rights
The FMLA provides that eligible employees of covered employers have a right to take up to 12 weeks of job-protected leave in any 12-month period for qualifying events without interference or restraint from their employers. The FMLA also gives employees the right to file a complaint with the Wage and Hour Division of the Department of Labor's Employment Standards Administration, file a private lawsuit under the Act (or cause a complaint or lawsuit to be filed), and testify or cooperate in other ways with an investigation or lawsuit without being fired or discriminated against in any other manner.
 GOOD! that's what I thought too! but beyond that, it is HIGHLY unethical for a company to fire a pregnant woman. I mean if you steal or do something REALLY bad that's one thing, but to fire someone for not taking care of a personal issue? I DONT THINK SO!
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| Posted 4/19/07 5:55 PM |
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suvenR
designer mutt
Member since 5/05 4239 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
You're eligible for FMLA if you have worked for at least 12 months for a company that has 50 or more employes within a 75 mile radius.
However, if they can show that your position would have been eliminated despite your pregnancy, they will win.
It is, however, worth fighting. If they don't have any kind of documentation in place to show that you've been warned or counseled, they will probably lose since this wasn't an act of egregious misconduct.
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| Posted 4/19/07 6:12 PM |
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KateDevine
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Member since 6/06 24950 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
Posted by SweetestOfPeas
Posted by MrsMessina
Check this
this is from that site:
Employee Rights
The FMLA provides that eligible employees of covered employers have a right to take up to 12 weeks of job-protected leave in any 12-month period for qualifying events without interference or restraint from their employers. The FMLA also gives employees the right to file a complaint with the Wage and Hour Division of the Department of Labor's Employment Standards Administration, file a private lawsuit under the Act (or cause a complaint or lawsuit to be filed), and testify or cooperate in other ways with an investigation or lawsuit without being fired or discriminated against in any other manner.
GOOD! that's what I thought too! but beyond that, it is HIGHLY unethical for a company to fire a pregnant woman. I mean if you steal or do something REALLY bad that's one thing, but to fire someone for not taking care of a personal issue? I DONT THINK SO!
There are only 6 employees, so I don't know if I qualify for ANYTHING FMLA.....
I honestly....I know it was a mistake, but it isnt a life ending one
ETA: There is no HR either.
Message edited 4/19/2007 6:18:52 PM.
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| Posted 4/19/07 6:14 PM |
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greenfreak
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Member since 9/06 11483 total posts
Name:
greenfreak
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Re: X-Post from Pregnancy--I lost my job!
Not only that, if your entire employment record with them is spotless, it's so bad to fire someone with no warning!
I hope you fight this... because you'll win. It was an honest mistake anyway.
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| Posted 4/19/07 6:14 PM |
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curliegirl
He's here!!!!
Member since 3/06 10128 total posts
Name:
Gina
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Re: X-Post from Pregnancy--I lost my job!
That's terrible!!!
Do you think it could be an excuse just to fire you?
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| Posted 4/19/07 6:15 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: X-Post from Pregnancy--I lost my job!
He was looking for a reason to fire you. report him to the dept of Labor. I'm sorry
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| Posted 4/19/07 6:15 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: X-Post from Pregnancy--I lost my job!
Do you normally take care of personal business for him? Is this part of your job duties?
If an employer has legitimate grounds to fire you, which have nothing to do with taking maternity leave, FMLA doesn't provide any type of protection. It's also extremely difficult to prove pregnancy discrimination. However, from everything you've written about your employer, you may have a case. If you think you were fired b/c of your pregnancy, contact an employment attorney and get a consultation.
In the meantime, file for unemployment benefits. The only problem you may have with collecting benefits immediately following the birth is that you may not be considered able to work.
I'm so sorry you're going through this. Your ex-boss sounds like a real piece of work.
ETA: You're an employee at will. Your boss can fire you for any lawful reason.
Message edited 4/19/2007 6:17:55 PM.
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| Posted 4/19/07 6:16 PM |
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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Re: X-Post from Pregnancy--I lost my job!
Posted by SweetestOfPeas
OMG!!!!!!!!! I honestly dont know if that is even legal on 2 levels!
1. for firing a preggo woman as far along as you are
&
2. firing you for not taking care of a PERSONAL ISSUE
OMG!! can you call HR??? I would NOT accept this! FIGHT!
I agree. You have a lawsuit on your hands here. 
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| Posted 4/19/07 6:17 PM |
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CathyB
Member since 5/05 19403 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
Posted by Blu-ize
He was looking for a reason to fire you. report him to the dept of Labor. I'm sorry
And when you report him be sure to mention that he smokes in the office. That will help show how he doesn't follow the law.
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| Posted 4/19/07 6:17 PM |
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alnem
This is gonna be a good year!
Member since 2/06 9562 total posts
Name:
Emily
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Re: X-Post from Pregnancy--I lost my job!
wait! he fired you via voicemail??? he fired a PREGNANT woman on MATERNITY leave via voicemail for forgetting to take care of a PERSONAL matter??? that is so wrong!!!
so sorry that this is happening to you! fight!!! call the dept of labor and file for your unemployment asap! and tell them about how and why you were let go and see if its even legal! good luck and keep us posted!
Message edited 4/19/2007 6:22:01 PM.
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| Posted 4/19/07 6:20 PM |
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Janice
Sweet Jessie Quinn
Member since 5/05 27567 total posts
Name:
Janice
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Re: X-Post from Pregnancy--I lost my job!
as a former admin assist... no way is that right!
it was an accident, they happen.
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| Posted 4/19/07 6:32 PM |
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Re: X-Post from Pregnancy--I lost my job!
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Message edited 3/30/2016 9:33:03 AM.
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| Posted 4/19/07 6:33 PM |
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
I would call a lawyer ASAP!!! this guy is smoking CRACK! there is no way he can get away with this!
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| Posted 4/19/07 6:34 PM |
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
Posted by TuttsyLow
i have experienced SO much discrimination in job hunting. sample interview comments: "we dont hire women with children", "are you having children soon?", "oh, your married so you can go on your husbands insurance"
you have GOT to be joking! this is ILLEGAL! no employer is allowed to ask a candidate about children, husband, ANY OF IT!
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| Posted 4/19/07 6:35 PM |
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MsSissy
xoxoxo
Member since 3/07 39159 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
I agree you should definitely call the Dept of Labor and I hope you saved that message!
Message edited 4/19/2007 6:40:26 PM.
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| Posted 4/19/07 6:40 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: X-Post from Pregnancy--I lost my job!
Posted by suvenR
It is, however, worth fighting. If they don't have any kind of documentation in place to show that you've been warned or counseled, they will probably lose since this wasn't an act of egregious misconduct.
Unless you have an employment contract or your employer has a handbook that says otherwise, you're an employee at will. You can be fired for any lawful reason or no reason at all.
I agree that this wasn't egregious misconduct, but whether the employer's actions were lawful depends on the circumstances. Does the employer have a practice of warning employees before terminating them? Have you been warned in the past? Have you had any other documented performance issues? If you can show that the employer didn't follow his established practice, this could be used as proof of discrimination.
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| Posted 4/19/07 6:41 PM |
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KateDevine
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Member since 6/06 24950 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
Posted by SweetestOfPeas
I would call a lawyer ASAP!!! this guy is smoking CRACK! there is no way he can get away with this!
I am just waiting for my dad to call my back with the name of an employment attorney.
They are liars, but I worked there for three years and have a lot of "dirt" on them, it is a small office, so you know everything that goes on.
Yeah, I know they can't ask you directly, but THIS boss would tell potential employees that they only provide health insurance to the employee and not any spouses or children and wait for their reactions. Scum.
I've wanted to leave for a while, but when I got pregnant, I figured I would just wait it out and eventually get a new job after my son is born. They were horrible to me during my entire pregnancy and I saw a lot of true colors.
Thank you everyone
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| Posted 4/19/07 6:42 PM |
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suvenR
designer mutt
Member since 5/05 4239 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
Posted by MrsS2005
Posted by suvenR
It is, however, worth fighting. If they don't have any kind of documentation in place to show that you've been warned or counseled, they will probably lose since this wasn't an act of egregious misconduct.
Unless you have an employment contract or your employer has a handbook that says otherwise, you're an employee at will. You can be fired for any lawful reason or no reason at all.
I agree that this wasn't egregious misconduct, but whether the employer's actions were lawful depends on the circumstances. Does the employer have a practice of warning employees before terminating them? Have you been warned in the past? Have you had any other documented performance issues? If you can show that the employer didn't follow his established practice, this could be used as proof of discrimination.
I stand by my opinion- if there wasn't any documentation in place, she would be a very sympathetic plaintiff that a jury would most likely side with. Although she isn't elgible for FMLA, she can still fall back on the PDA if she wants to make a case for wrongful termination.
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| Posted 4/19/07 6:43 PM |
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
Posted by KateDevine
Posted by SweetestOfPeas
I would call a lawyer ASAP!!! this guy is smoking CRACK! there is no way he can get away with this!
I am just waiting for my dad to call my back with the name of an employment attorney.
They are liars, but I worked there for three years and have a lot of "dirt" on them, it is a small office, so you know everything that goes on.
Yeah, I know they can't ask you directly, but THIS boss would tell potential employees that they only provide health insurance to the employee and not any spouses or children and wait for their reactions. Scum.
I've wanted to leave for a while, but when I got pregnant, I figured I would just wait it out and eventually get a new job after my son is born. They were horrible to me during my entire pregnancy and I saw a lot of true colors.
Thank you everyone
good for you! FIGHT! whether you are an at will employee is irrelevant! there are labor laws to protect employees such as yourself. GOOD LUCK and keep us posted!
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| Posted 4/19/07 6:44 PM |
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KateDevine
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Member since 6/06 24950 total posts
Name:
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Re: X-Post from Pregnancy--I lost my job!
Posted by MrsS2005
I agree that this wasn't egregious misconduct, but whether the employer's actions were lawful depends on the circumstances. Does the employer have a practice of warning employees before terminating them? Have you been warned in the past? Have you had any other documented performance issues? If you can show that the employer didn't follow his established practice, this could be used as proof of discrimination.
They do have a practice of putting warnings in writing. I, myself, have never been warned.
I think that they realized that my co-worker could do my job (it isn't rocket science) and she makes A LOT less than I do and they can hire someone even cheaper to do her job.
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| Posted 4/19/07 6:44 PM |
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