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munchkinbugs
My little loves!
Member since 1/06 8093 total posts
Name: Lisa
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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 would call HR too. Firing you for not doing one of HIS personal erands?!?!?! Is that what the company pays you to do???
He is completely wrong in this situation!!!
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Posted 4/19/07 6:46 PM |
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Long Island Weddings
Long Island's Largest Bridal Resource |
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!
Still, a threat, even an empty one should allow you the upper hand... I used to be an admin asst also and it's disgusting how one can be treated...
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Posted 4/19/07 6:48 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 KateDevine
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.
The fact that they have an established practice that wasn't followed will help you. I can't believe a lawyer treats his employees like this.
I can recommend someone also if you'd like.
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Posted 4/19/07 6:53 PM |
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spooks
So in love!
Member since 6/06 4378 total posts
Name: Sarah
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Re: X-Post from Pregnancy--I lost my job!
DOn't worry everything will be okay. What a jerk - it does sound like you can at least threaten him, at least try to negotiate a package. SInce its something personal to do for him AND you are PG - can you just threaten that it's discrimination?
Good luck and don't worry.
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Posted 4/19/07 6:58 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
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.
She'd have to get to a jury first. It's unfortunate, but pregnancy discrimination cases are very difficult to prove.
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Posted 4/19/07 7:01 PM |
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pugmama
April already?
Member since 3/06 5297 total posts
Name: Erica
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Re: X-Post from Pregnancy--I lost my job!
No other advise than what others posted but I wanted to send you hugs for having to go through this at all.
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Posted 4/20/07 8:54 AM |
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LBG30
:)
Member since 9/05 3423 total posts
Name: Noelle
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Re: X-Post from Pregnancy--I lost my job!
Posted by MrsMessina
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.
I agree! I am sorry you are going through this
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Posted 4/20/07 8:59 AM |
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