Labor Law Talk  
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Go Back   Labor Law Talk > Employment and Labor Law > Discrimination Laws

Reply
 
Thread Tools Display Modes
  #1  
Old 02-07-2009, 04:24 PM
dorro113 dorro113 is offline
Junior Member
 
Join Date: Feb 2009
Posts: 1
Exclamation I seek legal action after my employeer fired me, due to pregnancy. Michigan

I need some advice. I understand that terminating the employee because of pregnancy, or any pregnancy-related conditions. Yesterday, after working at (deleted) since last september I was fired. Here's the story.


I had a 2 week leave, something that I had agreed to because of a call-in. Upon coming back to work last monday. I went in for 2 and a half hours, because they needed extra help, since me and my husband work there and live right down the street, we were always there when the employer needed extra help. I went in and made the sauce, my employer then told me he appreciated me coming in to help. I then was called on wednesday by a assistant manager, asking if I could come in for half of his shift, because he needed to go to court with his son. I was still eager to help him out, and I told him that I would take his shift. I came in and took his shift. Friday, (yesterday).. I called into my work at 10 in the morning, I had a shift 2-11 pm that day. My mother was undergoing heart procedures and I was the only person in the family with a valid drivers liscence, and capable of driving. I called in and I said "Juan (who is a assistant manager) I will be there for my shift today, but my mother is in the hospital, they are doing a procedure on her, she may have to have open-heart surgery, but if she doesnt have to have open heart surgery or get another heart stent put in, she may be realeased today, do you think that if i get a call telling me she can get realesed today that i can leave for a half an hour to pick her up?"
he then told me that that would be fine. I was very prominent on getting to work because my employer told me if I was to call in again that I would be fired. So I arrive at my workplace at 1:55 p.m. And as I go to punch in, he tells me he needs to speak with me. The previous day, I realized that my husband was working a sunday night. Something that was out of the ordinary, because my husband and I are very religious, and he asks for only friday evenings and sundays off, to attend religious activites. Our boss said we could defintley have sundays off, though he did make fun of our religion. My husband then proceeded to ask me if I would call the employer, and ask why it was only him that was scheduled to be the shift manager that night. Our employer stated that it was because one of the assistant mangagers had reserves that sunday, and it was illegal for him to work her that day, and because one of the shift managers was working the opening shift. And because Juan had requested it off on the caleneder. Well at that time I realized that the call wasnt going anywhere, and he had already made his mind up. One of the phones started ringing and I then said to him "I have to get the phone, whatever you say chris" and then hung up the phone. Though I felt like telling him that it was unfair, because me and my husband were the first to write our names off for valentines day, but we didnt get it off. I had been very frustrated with the way that my employer had been running the store, it seemed to be subjected to a lot of double standards, and the schedule always worked in favor to a female assistant manager, who many other co-workers always had a suspicion they were sleeping together, and of course since our employer was already married, and had been known for adultery in the past, it was quite the gossip among the work place. The day that I arrived to work my 9 hour shift. My employer said this to me ( i will remeber what he said to me till the day I die, I had never heard of such ignorance, and prejuidice) "You know yesterday I didnt appreciate you hanging up on me and then gossiping about it ( i then said that I didnt gossip about it, because I didnt). I thought it was really inappropriate, if Luke had a problem with the schedule, he should have called me and talked to me about it, not you, which luke did call and talk to me about it. When I hired you, you were a good worker. But within the last month, since your pregnancy, your attitude has changed, it seems like your not interested in work, or you dont care, and I'm going to have to let you go. You can still get your check, just bring back the work shirts." I then asked him if that ment I didnt have to work that day, and he said that I didnt. I then went and told my husband what he did to me, and how he was discriminating against my pregnancy. While it is true that my attitude has changed, it did not affect the way I performed my job, or the fact that I always been there to help them out when they needed a extra hand. Which I failed to see how I showed that I didnt want to work or anything, because I had already helped them out twice since being back. Of course my attitude has changed since I am pregnant, its hard growing a little person. It takes a lot out of me, but I still did my job, and I didnt let it effect the way I worked with the coustomers.. I feel he did not have just cause firing me, and that it was due to my pregnancy. I seeked help of a attorney and I hope to hear from her on monday. But any input woulud be appreciated.

Last edited by cbg; 02-08-2009 at 11:41 AM.
Reply With Quote
  #2  
Old 02-07-2009, 04:58 PM
Betty3 Betty3 is offline
Super Moderator
 
Join Date: Apr 2007
Location: Il.(near STL,Mo.)
Posts: 4,769
Default

Since you have an attorney, it would be best if you waited & discussed your situation with him.

You can't be terminated/discriminated against because of your pregnancy but you can be terminated in spite of it. (if you would have been terminated had you not been pregnant) You don't get any special treatment because of your pregnancy but you have to be treated like any other employee who is not pregnant.
__________________
Until one has loved an animal, a part of one's soul remains unawakened. Anatole France
Reply With Quote
Reply

Tags
discrimination, pregnancy

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Review of "Perfectly Legal" by David Cay Johnston Archmedes Federal and State Tax Law 6 12-11-2007 03:47 PM
Fired from my job due to Pregnancy restrictions Amber O Discrimination Laws 1 11-23-2005 07:39 AM
Sutherland v. C.I.R.: gambling away medmal award; not paying tax on the legal fee Kuacou Federal and State Tax Law 0 06-26-2005 01:24 AM
Supreme Court of Canada agrees with StaR StaR General Tax Law 0 03-27-2005 02:08 AM
Too little, too late? J. Paternity Law 0 04-06-2004 04:08 PM


All times are GMT -8. The time now is 03:57 AM.


Powered by vBulletin® Version 3.7.1
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
© LaborLawTalk.Com 2008. All Rights Reserved.
Privacy Policy | Disclaimer and Conditions of Use

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com

Topics pertain mainly to the following States:
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada North Carolina North Dakota New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming