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Old 10-14-2009, 08:44 AM
 
Location: NW near Sea World...and in a house
546 posts, read 1,311,863 times
Reputation: 331

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Anyone have any experience with this? I have exhausted the 12 weeks allowed under fmla due to my pregnancy and received a phone call from my manager at this time telling me that she is going to proceed with separating me from the company.

HR at this employer is of no assistance as I contacted them when i knew that my FMLA hours would be exhausting soon and they mentioned it becomes "Managers discretion"

TIA
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Old 10-14-2009, 08:48 AM
 
Location: San Antonio, TX, USA
5,142 posts, read 11,443,969 times
Reputation: 2505
I would get with a lawyer and see if you have a case to getting it resolved. I've heard stories of people doing this and being successful at it, then go back to their old jobs. I couldn't do that (go back to the old gig) but at least some kind of result that will stick it to them and prevent it in the future.
It's a total bummer this is happening to you at this time with the new home and all. I'll send positive thoughts your way.
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Old 10-14-2009, 08:55 AM
 
124 posts, read 227,075 times
Reputation: 55
Quote:
Originally Posted by skeet09 View Post
I would get with a lawyer and see if you have a case to getting it resolved. I've heard stories of people doing this and being successful at it, then go back to their old jobs. I couldn't do that (go back to the old gig) but at least some kind of result that will stick it to them and prevent it in the future.
It's a total bummer this is happening to you at this time with the new home and all. I'll send positive thoughts your way.
Very bad advice. Lawsuits should NEVER be filed becuase you want revenge. Yes the employer deserves it but you will probably have a hard time finding a lawyer who will take this case and you will go thru a lot of grief.

Move on and find another job with a more ethical employer.
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Old 10-14-2009, 08:58 AM
 
Location: San Antonio, TX, USA
5,142 posts, read 11,443,969 times
Reputation: 2505
Quote:
Originally Posted by slonga View Post
Very bad advice. Lawsuits should NEVER be filed becuase you want revenge. Yes the employer deserves it but you will probably have a hard time finding a lawyer who will take this case and you will go thru a lot of grief.

Move on and find another job with a more ethical employer.
It doesn't hurt to talk to a lawyer. Free consultation, no?
Ditto on finding a better employer.
To clarify a little bit, there could be a case of discrimination.
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Old 10-14-2009, 09:06 AM
 
98 posts, read 101,860 times
Reputation: 102
Quote:
Originally Posted by slonga View Post
Very bad advice. Lawsuits should NEVER be filed becuase you want revenge. Yes the employer deserves it but you will probably have a hard time finding a lawyer who will take this case and you will go thru a lot of grief.

Move on and find another job with a more ethical employer.
How is fighting against unethical practices revenge? This is how unethical practices continue; when people don't stand up and fight back. While the OP may not want to go back to work for this company, her actions would show that they cannot continue this practice. I don't know any lawyer worth his salt who would turn down a valid case.
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Old 10-14-2009, 09:08 AM
 
Location: NW near Sea World...and in a house
546 posts, read 1,311,863 times
Reputation: 331
Quote:
Originally Posted by slonga View Post
Very bad advice. Lawsuits should NEVER be filed becuase you want revenge. Yes the employer deserves it but you will probably have a hard time finding a lawyer who will take this case and you will go thru a lot of grief.

Move on and find another job with a more ethical employer.
I dont want revenge on the company it just seems pretty crappy to fire a pregnant woman that has provided substantial evidence to them..

Its like saying...we are going to terminate you because you are too sick to be an employee.
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Old 10-14-2009, 09:10 AM
 
Location: San Antonio-Westover Hills
6,878 posts, read 18,174,619 times
Reputation: 5152
THe FMLA does not guarantee that your old position will be waiting for you, so if we're talking about a tiny company that can't put you anywhere, they really will have no choice. However, it's a slippery slope. Just the fact that they contacted you on your last day of leave would be enough to have me contacting an attorney to see what my rights are.
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Old 10-14-2009, 09:11 AM
 
Location: NW near Sea World...and in a house
546 posts, read 1,311,863 times
Reputation: 331
Quote:
Originally Posted by skeet09 View Post
I would get with a lawyer and see if you have a case to getting it resolved. I've heard stories of people doing this and being successful at it, then go back to their old jobs. I couldn't do that (go back to the old gig) but at least some kind of result that will stick it to them and prevent it in the future.
It's a total bummer this is happening to you at this time with the new home and all. I'll send positive thoughts your way.
hey thanks. I totally appreciate it. I am just glad we closed on the house first! We can manage the payment and the bills just fine wont be saving as aggressively anymore but we will do just fine.

My main concern is for the benefits my husband and i have my employers health care plan and with me still being pregnant I am pretty concerned i dont want my unborn son to be without healthcare and of course once he is born...
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Old 10-14-2009, 09:14 AM
 
Location: NW near Sea World...and in a house
546 posts, read 1,311,863 times
Reputation: 331
Quote:
Originally Posted by Mom2Feebs View Post
THe FMLA does not guarantee that your old position will be waiting for you, so if we're talking about a tiny company that can't put you anywhere, they really will have no choice. However, it's a slippery slope. Just the fact that they contacted you on your last day of leave would be enough to have me contacting an attorney to see what my rights are.
Yea i dont want my old position...not worth the heartache and stress...its actually the reason i was placed on bedrest 4xs during this pregnancy.

I called HR when my manager hinted that my FMLA would be exhausting and they gave me its up to the manager stuff. This company talks about work life balance and all that jazz but seriously from what ive experienced it does not feel that way.
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Old 10-14-2009, 09:14 AM
 
Location: San Antonio, TX, USA
5,142 posts, read 11,443,969 times
Reputation: 2505
I feel for ya Mrsb057.
If you feel like pursuing something such as the state (I had worked at a previous employer who was expecting and she filed a claim with the Tx. Dept of Labor?, Can't remember the department.) or going to a lawyer or just finding a new position and letting it go, then do what you feel would be best for you. Whichever direction will bring you some sense of closure, peace, etc. It's free (the state department complaint thing) and they talk to witnesses (one of them which was me) and I dunno what happened after that.
Best of luck in whatever you decide to do!
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