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mable
2 1/2
Member since 12/05 1304 total posts
Name:
kristen
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so definately looking for a new job..really not my day
Through a phone call I found out that I am being replaced while I am out by my co-workers cousin ( i do not like my coworker at all) she will also be working at my salary..
Are you kidding me.. and why has no one told me..
I have realized in the last 2 weeks this company has no respect for me whatso ever.
let me also add that my boss was out for 4 months and the girl i work w/ was out for 3 and i ran the office all by myself..
I got nothing for it..
Sorry just had to vent but I really want to just cry.. really need to find a new job.. 
Message edited 1/26/2006 12:25:04 PM.
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Posted 1/26/06 12:22 PM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
ana6178
Praying for a miracle!
Member since 5/05 1536 total posts
Name:
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Re: so definately looking for a new job
That is just awful!
Are they leagally allowed to do that? Any lawyers on here that can help?
I am so sorry. 
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| Posted 1/26/06 12:25 PM |
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Marcie
Complete Happiness :)
Member since 5/05 27789 total posts
Name:
LOVE being a Mommy!
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Re: so definately looking for a new job
Are they doing this cause you are going on Maternity leave??? If so, that is illegal!
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| Posted 1/26/06 12:25 PM |
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mable
2 1/2
Member since 12/05 1304 total posts
Name:
kristen
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Re: so definately looking for a new job..really not my day
its for my leave.. and because this idiot planned a vaction for 2 weeks while i was going to be out..
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| Posted 1/26/06 12:27 PM |
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CookiePuss
Cake from Outer Space!
Member since 5/05 14021 total posts
Name:
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Re: so definately looking for a new job..really not my day
Posted by ana6178
That is just awful!
Are they leagally allowed to do that? Any lawyers on here that can help?
I am so sorry.
I'm sorry. You should check to see if they can do this to you legally?
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| Posted 1/26/06 12:30 PM |
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MrsJ
I love my Katie Bug
Member since 5/05 11357 total posts
Name:
Kathy
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Re: so definately looking for a new job..really not my day
First off, I'm so sorry! Like you really need to worry about THIS on top of the baby and all.
Second, I dont know if they can legally do this! Don't they have to hold a job for you? Maybe not the same job, but a place for you at the company?
Maybe they are just replacing you while you're out, til you come back?
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| Posted 1/26/06 12:36 PM |
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mable
2 1/2
Member since 12/05 1304 total posts
Name:
kristen
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Re: so definately looking for a new job..really not my day
besides that.. its not right..
and i thought i was close w/ my boss..
nothing is right around here at all right now..
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| Posted 1/26/06 12:36 PM |
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MrsJ
I love my Katie Bug
Member since 5/05 11357 total posts
Name:
Kathy
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Re: so definately looking for a new job..really not my day
Posted by mable
besides that.. its not right..
and i thought i was close w/ my boss..
nothing is right around here at all right now..
What I would do is wait until I calmed down a little and wasnt so heated over this news (which may take me a day or two LOL)...and then ask your boss to let you know when he/she has a few minutes to talk with you about something. Then when they are ready, go in and talk with them. Maybe there is some misunderstanding going on? You need to clear the air and talk to the boss. I know it stinks to be in this position but you will feel better once you know what the heck is going on.
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| Posted 1/26/06 12:44 PM |
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Pumpkin1
LIF Adult
Member since 12/05 3715 total posts
Name:
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Re: so definately looking for a new job..really not my day
Is this person filling in temporarily or permanantly? Will you have a job when you return from maternity leave?
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| Posted 1/26/06 12:56 PM |
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mable
2 1/2
Member since 12/05 1304 total posts
Name:
kristen
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Re: so definately looking for a new job..really not my day
I have no idea what is going on.. everything is very secretive..
i need to clam down before i cn bring anything up..
its suppoed to be while i am out and because th emoran i work w/ booked a vacation for 2 weeks while i am out on leave.. knowing i was out on leave..
so who knows..
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| Posted 1/26/06 1:05 PM |
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Bxgell2
Perfection
Member since 5/05 16438 total posts
Name:
Beth
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Re: so definately looking for a new job..really not my day
Legally speaking, they have every right to replace you while you're gone, but they absolutely *have* to give you your job back if you return within 12 weeks, or place you in a comparable position.
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| Posted 1/26/06 1:08 PM |
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mable
2 1/2
Member since 12/05 1304 total posts
Name:
kristen
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Re: so definately looking for a new job..really not my day
ok well i am glad i know that at least..
i will be back in 12 weeks.. unless i find a job while i am out..
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| Posted 1/26/06 1:10 PM |
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anon
where's winter?
Member since 11/05 2209 total posts
Name:
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Re: so definately looking for a new job..really not my day
Posted by Bxgell2
Legally speaking, they have every right to replace you while you're gone, but they absolutely *have* to give you your job back if you return within 12 weeks, or place you in a comparable position.
only if she is covered under FMLA
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| Posted 1/26/06 1:18 PM |
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michele31
LIF Adult
Member since 5/05 3372 total posts
Name:
Michele
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Re: so definately looking for a new job..really not my day
She legally must be given her job back after her 6 or 8 weeks of NY State required disability. Sounds like a very small office. They can replace you during that time because a company can't be expected to run without all employees doing their jobs.
But I would clarify with your boss that you are returning..the amount of time he is giving you "off" and get it all in writing before you leave.
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| Posted 1/26/06 3:35 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: so definately looking for a new job..really not my day
The Pregnancy Discrimination Act, which requires employers to keep a pregnant woman's job open (temporary replacements are ok) for the same amount of time as those on disability, only applies to places with 15 or more employees. Unless NY has a state law protecting pregnant women in offices with less than 15 employees, your employer can replace you.
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| Posted 1/26/06 3:55 PM |
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Shelly
She's 7!!!
Member since 8/05 14624 total posts
Name:
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Re: so definately looking for a new job..really not my day
Posted by Bxgell2
Legally speaking, they have every right to replace you while you're gone, but they absolutely *have* to give you your job back if you return within 12 weeks, or place you in a comparable position.
This is correct. However, I am not sure they have to give you the same job back that you had before- it just has to have comporable salary and benefits.
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| Posted 1/26/06 4:00 PM |
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Bxgell2
Perfection
Member since 5/05 16438 total posts
Name:
Beth
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Re: so definately looking for a new job..really not my day
Posted by anon
Posted by Bxgell2
Legally speaking, they have every right to replace you while you're gone, but they absolutely *have* to give you your job back if you return within 12 weeks, or place you in a comparable position.
only if she is covered under FMLA
True, I forgot to add that... if your employer has less than 50 employees FMLA is inapplicable and they can do what they want, UNLESS they have an employee handbook that describes otherwise. i.e. My employer is less than 50 employees but they have a handbook that clearly states they will reserve your position while on leave for up to 12 weeks. They are contractually bound by that handbook. If you work for a small company it's worth it to take a look at the employee handbook.
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| Posted 1/26/06 4:21 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: so definately looking for a new job..really not my day
Posted by Bxgell2
Posted by anon
Posted by Bxgell2
Legally speaking, they have every right to replace you while you're gone, but they absolutely *have* to give you your job back if you return within 12 weeks, or place you in a comparable position.
only if she is covered under FMLA
True, I forgot to add that... if your employer has less than 50 employees FMLA is inapplicable and they can do what they want, UNLESS they have an employee handbook that describes otherwise. i.e. My employer is less than 50 employees but they have a handbook that clearly states they will reserve your position while on leave for up to 12 weeks. They are contractually bound by that handbook. If you work for a small company it's worth it to take a look at the employee handbook.
Pregnant women who work in places with 15 or more employees are protected by the Pregnancy Discrimination Act. Some states enacted their own laws protecting workplaces with less than 15 employees. I'm not sure whether NY is one of those states.
It sounds like your company has fewer than 15 employees. If this is the case, I agree with Bxgell2 that it's a good idea to look at your employee handbook. Do you know if your employer had any other pregnant employees? If your employer allowed other pregnant women or those on disability to return to work, he may be required to treat you in the same way.
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| Posted 1/26/06 4:42 PM |
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