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I told my boss on the 18th that I was pregnant and on the 19th they let me go. Long story won't get into it. This pregnancy has been one big rollercoaster. I took a test and it was positive. Went to the Dr 3 days later for bleeding and they said I lost it. Went back for more blood work and they said that I must still be pregnant because my levels are still going up. They did another ultrasound and still nothing. Then i went back a week later there was a baby with a hb of 140. I signed up with a temp agency and I just started a temp to hire job. I know it's bad but I didn't want to tell them until they hired me but after talking to them they won't make a decision for a couple of months. By that time I will be showing. So I was going to wait a couple of weeks to let them see how good I was at the job and they tell them when I reached 12 weeks. The second day I was there they introduced me to the department and I had to tell them about myself. I told them I have 3 kids and they asked if I was going to have anymore. I said yes. So they were asking if I was activly trying? And I said yes. I don't know what to do. I have another appt next fri because I am still bleeding from a hematoma and they want to make sure it is getting smaller. I feel bad enought that I lied to them already but I couldn't mess up this job either. I am so behind on bills from getting fired and now I have to prepare for another baby. Any advice? Thanks, | ||
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Just tell them when you feel comfortable about it. You cannot be let go for pregnancy alone (assuming you are in the states or probably even canada, but I do not know their laws). It concerns me that your other job let you go, but I am guessing that since you said long story there may have been other issues. Good luck! You are under no obligation at this point and were already more open than I would have been. The problems you have had would be my justification for keeping it quiet, but it the end YOU DO NOT NEED ANY REASON. Tell when you are comfortable. Someone posted the other day on one of the threads that you are to give 30 days notice to leaving on planned maternity leave. They'll know by then | ||
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I'm sorry, Carrie, but I can't get past the fact that your old employer fired you. I know you said you don't want to get into it, but you have legal rights, so PLEASE make sure you sue their asses if you are allowed...lol! But seriously, how can they legally let you go because you're pregnant?????? As for your new job, they already know you are actively trying. I would wait as long as you want (perhaps longer than shorter). When you do tell them, just let them know that you were being told off and on that the baby was there/wasn't there, so you needed to make sure. I am a nanny and my current family has a 12 months old. They plan on having another baby, so they said they are not interested in job sharing (letting me bring my baby to work). All of us are sad about the situation, and they said they are totally willing to let me stay until the baby is born. But then I have to interview and tell new families, "Hey, I'm great with kids, but I need to bring my new born to work with me." Sucks. I am not sure what kind of work you do, but perhaps you can look into a job that would incorporate your children? Like a daycare/nanny, etc. | ||
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Firstly -- Not that you want to go back to the first job- BUT it is AGAINST THE LAW for them to fire you cause you are PG -- now I know you didn't tell that story so there could be something to it- but I would definitely file something with the labor board because you told them then got canned the next day? Seems kinda funny. As for your temp-to-hire job. Technically You never have to tell them. I mean obviously it is polite to do so before you show - but you certainly are not required to tell them at an interview (it is covered by the Americans with Disabilities act because it is a medical condition) nor at any specific time in the pregnancy. And i would wait til it was going to be obvious. And if they even remember and ask you about the recent conversation say you didn't know. Really thats entirely possible. At least you told them you are actively trying and they know to expect that you could become PG. Not everyone is going to be as horrible as your first job. | ||
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Actually, pregnancy is not a "protected class". An employer can fire an employee for ANY reason except for those protected by title VII of the Civil Rights Act of 1964. Unless of course, she was in a union. | ||
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It is considered discriminiation to let somebody go due to being pregnant. I have a similar story. When I was active duty military I decided I would transferrer into the Air National Guard (one weekend a month) and would get a regular job. I went through a temp agency and worked for Stryker a medical bed company (look at the bottom of the beds next time you go to the hospital...it may be a Stryker!). 3 weeks after starting I found out I was pregnant, 6 weeks pregnant. I started to bleed at work pretty badly. I sat it out the rest of the day then went to the ER. (This was a Thursday) I was put on bed rest until the bleeding stopped, so I went in on Friday to give them the letter from the doctor and on Monday went to return to work and they had replaced me. I said something to the HR lady and she said and I quote: "You are not hired through us, you are hired through your temp agency and if they choose to fire you over being pregnant then you have a case." I was so mad! I could not believe a small technicality like that made it alright for them to do it! Dianne    | ||
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Discrimination, yes...but pregnancy in and of itself is NOT a protected class. Employment at will is just as it sounds, either you or the employer have the legal right to terminate the employment contract with or without reason, and with or without notice. The only exceptions are: *Those classes protected under title VII *Those classes protected under the Americans with Disabilities Act *Those classes protected under the ADEA (people over 40) It may not be fair, but that's what it is. | ||
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Nope...you are wrong. They cannot legally fire or deny you employment on the basis of being pregnant alone. Period. The only way that they could possibly fire you is if you are completely unable to perform your job WHILE pregnant. So as long as it's a job that doesn't require heavy lifting, working around harmful chemicals, etc.... there are absolutely no grounds to fire a pregnant employee. It's against the law even for your employer to ASK you if you are PG. One gal I worked with didn't say anything until 30 days before she was due...just enough time to submit for her maternity leave. She was obviously showing and of course everyone knew, but legally they cannot do or say a darn thing about it. It is a form of discrimination based on sex and disability and therefore the OP has every right and the grounds to file a wrongful termination suit if she pleases. Trust me...I've done PLENTY of research on this myself because I ran into a similar situation.    | ||
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Yeah, I'm a little shocked that your new employer asked if you were actively trying? As far as I know, on interviews, you don't have to answer any questions about your personal life at all - married, kids, etc - it is none of their business, as long as you can do the job. Of course, if you are going to need flexible time for Dr's appointments and stuff, or if you are sick sometimes, you may have to let them in on it, but it really is none of their business. | ||
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Demeter - I'm not sure what state you live in, perhaps there are different protections afforded employees in the state you live in. I just completed my degree in Human Resources with a minor in Labor and Employment studies. I can't even begin to tell you how many classes I have taken on employee/employer rights. I have also done two internships in HR where all I dealt with was hiring and firing. I can assure you that I'm not speaking out of ignorance. For a person to be covered under the ADA (Americans with Disabilities Act), the person must have "an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment". Pregnancy is not considered covered under the ADA, because it is not considered to be an "impairment". In some cases, a pregnant woman could lean on the FMLA (Family Medical Leave Act), but there are some qualifiers which must be met in order to take advantage of this option. These qualifiers are: *The employer is engaged in commerce or in an industry or activity affecting commerce and has employed 50 or more employees for each working day in 20 or more work-weeks in the current or preceding calendar year; or is a public agency; or is a private or public elementary or secondary school. *The employee has to have worked for the employer for a certain period of time (I can't remember if it's a year or less. Definately not less than 90 days though. *The employee taking advantage of FMLA coverage must NOT cause "undue hardship" on the employer. This is where it gets tricky. In my classes I learned just how easy it is for an employer to deny an employee their right to FMLA based upon this qualifier.
That aside, there are some states that have enacted laws to protect pregnant women from being fired or otherwise discriminated against. I know Hawii and California are two such states, and I am sure there are more. | ||
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As Demeter stated, it is the same in Michigan as well. Dianne | ||
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Dianne - OMG, I am sooo done arguing. My last post cited actual law, both from the FMLA, and from the ADA. I'm guessing you probably believe that sexual orientation is a protected class too (Federally, it isn't...although it is on the state level in some states). I am done arguing this, believe what you want. Just know that : A: Employment at will IS employment at WILL (with respect to both the WILL of the employer and the employee). B: Pregnancy is not a title VII protected class. C: Her employer had NO obligation to even give her a reason why she was being fired...UNLESS she had a specific contract that stated otherwise. PERIOD! | ||
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I can't believe they asked those questions!!! Not relevant to any employer or co-worker!!!!!! Whether you wanted more or not or WHETHER YOU ARE ACTIVELY TRYING! None of their business! I would never have answered that! Sophia Baby Anna Corinna born July 24th, 2006 | ||
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The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions is unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. You may not refuse to hire a woman because of her pregnancy, a pregnancy-related condition, or the prejudices of coworkers, clients, or customers. So long as she can perform the job, her pregnancy or related conditions can't be a reason for failing to hire her. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants with similar abilities or limitations. Dianne | ||
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Well I'm flat out telling you that I've never heard of that act. What I did say in my last post that does hold true is that a woman can be fired without reason. Discrimination is a hard claim to prove. | ||
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What is the Pregnancy Discrimination Act? Under Title VII of the Civil Rights Act of 1964, discrimination on the basis of race, color, religion, sex, or national origin is prohibited in an employment context. Congress has amended Title VII to include discrimination on the basis of pregnancy within the category of unlawful gender discrimination. This means that an employer may not terminate a qualified employee simply because she is pregnant. Nor can an employer refuse to hire a job applicant based solely on the fact that she is pregnant.
http://www.peoplesbar.org/legalresources/lawbasics/pregnancydiscrimination.php Sarah, Wife to Dan Mom to Morgan 12/20/2001 EDD 4/22/09 | ||
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amandaholly~ You can flat out tell me anything that you want. The fact that YOU haven't heard of it doesn't mean that it doesn't exist. It is completely not true that a woman can be fired for no reason. Are you a lawyer...NO! Descrimination can be hard to prove; however, if an employer fires you there should be a paper trail of some kind of things the employee has done. If a pregnant woman gets fired just after an employer finds out or fired right before maternity leave that would be a obvious it was because she was pregnant; thus discrimination. We all have the internet at the tips of our fingers here. If you haven't heard of something, look it up. Not everybody knows everything! Dianne | ||
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But back to her original question...we know her situation as it stands, and what I would do is from here on out pretend that pregnancy or the possibility of it never came up, and that she has nothing to say on the matter to anyone. Change the subject, prove her worth as an employee, develop relationships (minus that critical information), and do the best she can to become worth keeping. | ||
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I agree with PP on their questions being inappropriate. Its good that you answered them honestly. I wouldn't worry about telling them you're pregnant right now, but I wouldn't wait much longer than halfway through the 2nd trimester. If they get upset, you can just tell them that the pregnancy was very unstable in the beginning, and you didn't want to share any information until you knew things were OK. When interviewing canidates for positions in my old job, I was told specifically by HR that we were not allowed to ask questions of a personal nature because it could get us into a lot of trouble. If I were to ask about kids, lifestyle and that person didn't get the job, then they could try to sue us for being discriminatory, even if the fact was they weren't qualified in any way for the position. If ever asked those questions in the future, you should just say that you aren't comfortable answering them in a job interview. Good luck, and try not to sweat it. Just do your best each day and take it one day at a time. Beth | ||
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Amanda Holly- Why is it that on all your posts, no matter the subject you have to be a know it all and so mean? I don't think I have ever read a positive post from you. I find you abrasive and to be honest, your presence on a thread makes me less likely to share my feelings because I think you are crass, cruel. and tactless. Just my opinion. Kristi Kristi (23), DH-Reynold (27), DS-Jackson (6), DD-Annalyse (21 months), EDD-April 3, 2009 Angel Babies-12-09-2005 & 04-16-2008
Edited Sep-14 by Mom2JacknAnnie |
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To answer the questions about me getting fired. I was put in a new role, one that I had to experience doing and they knew that. I was buying electronic components and reorganizing the inventory cage. I was to have help with the new lady because she had experience and help from the production manager pulling kits. 1 month later July 23rd I had a meeting with my boss and the lady from HR. They said they were not happy with my performance, that I was not doing 100%. They wanted me to come in on Fri, Sat, and Sun (my days off, we did 4 10hr shift) and work more than 8hrs a day to get the inventory cage set up. I did come in on Fri to get what I could done. On the 28th I took a test and it was positive but I also started bleeding. I went to the Dr on the 31st and they said I lost the baby. They took my blood levels and another on Monday and they were going up so they said I might still be pregnant. The week of the 5th the HR lady had an interview with a guy but I didn't know what it was for. On the 14th I went to my boss to basically tell him I was not stupid and to ask if I was being replaced. He said the interview could mean 100 different things. The great thing about me is I am versitle. If the best person to do my job came they could move me somewhere else. I asked if he still had confidence in me doing my job and he said I was getting better but still not where we would like me to be. He then started talking to me about putting me into inside sales. I told him I might be pregnant and I was going to the Dr on monday to confirm. On the 18th I had the Dr appt and they saw the baby and a hb. I took the sono to work and showed it to the lady in HR. She then started talking to me about moving into this inside sales job. I asked what the responsibilites were and I was hesitant so she told me to think about it. At the end of the day I was finally able to speak to my boss and I showed him the sonogram to confirm I was indeed pregnant. The next day they waited till the end of the day and said they spoke to me about my performance and they were letting me go. I did claim unemployment but my employer put they spoke to me verbally 3 times and I was ordering items verbal which is a big no no with the company. I don't think I will get that but my lawyer said I have a great case. I filled an eeoc and I am just waiting to hear back from them. I live in Colorado which is a right to work state. It wasn't that I didn't want to get into it I just knew it would be very long as you can see. Thanks for the advise and I am sorry it turned into such a debate that was not my intention. Carrie | ||
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Alright Y'all, I'm back from my weekend of sickness. No surprise, well I was gone the claws were bared, and the cats were out...meow ladies!!! Normally I wouldn't respond to two-day-old comments, but since the comments were so evil, well...I feel compelled pentel1980 - Wow, did I kick your dog? I NEVER claimed to be a lawyer. As I stated, I had never heard of that law before. I never said that it didn't exist just because I hadn't heard of it. I admitted that I hadn't heard of it. Gee, bet you must be PERFECT! You must NEVER make a mistake. Wish I could be like you...oh well. BTW, never said I knew EVERYTHING. I just got done with my degree in Human Resources, and in more than one class I had professors tell me that there were no protections for pregnant women outside of ADA and FMLA, so if you wanna paw out someone's eyes, go to the HR department at Oakland University. Otherwise, go carp at someone else. Mom2JacknAnnie - If I come across as mean to you, then I'm sorry. That is, however, all I will appologize for. BTW, I have made MANY positive posts, so obviously you are cherry-picking for your own benefit. And for the record, I find YOU abrasive, and to be honest, YOUR presence on a thread diminishes my faith in the intelligence of humankind. Sniff, sniff, sniff...do I smell a democrat who's been lurking on the conservative threads. If you don't like my opinions, then just take them for what they are...OPINIONS. They carry no more/less weight than yours. You find me to be "crass, crude, and tactless"? I find you to be judgmental and bitter. Carrie - Hope all works out well for you!
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pentel1980 and Mom2JacknAnnie- Hope this helps with your take on some people who post on this board.... "Avoid loud & aggressive persons, they are vexations to the spirit." I hope you don't let any of them stop you from posting your thoughts. There are nice people on this board. Have a great day!
Christopher- 11 years Emily- 4 years   | ||
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Amy - Yes, there are nice people on this board. Unfortunately, you aren't one of them. Next time you want to offer words of solace in greeting card format perhaps you should see if Hallmark will pay you for your trouble. You aren't as wonderful as you think you are. BTW, just because you don't agree with me politically is no reason to follow me around on this board sniping and carping in conversations that you wern't even involving you. You remind me of Mrs. Kravitz from Bewitched (you know, the annoying, nosy neighbor). | ||
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WOW...we must be drama mamas because we were mentioned on dramamamauncensored.com again. Amanda  | ||
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Now that's funny.... and actually really sad at the same time... | ||
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HAHA, LOL!!! As I said...I'm not saying the law doesn't exist. I admitted I never heard of it. Geeze-O-Petes...I've never heard of someone being so self-important as to rub someone's nose in an honest mistake. Obviously, whoever posted (and commented) on the dramamamma's website thinks they are just PERFECT. Whatever. Sad, bitter angry women posting on there. I just feel sorry for the husbands of those harpies (if indeed the husbands haven't ran off with the secretary yet). Pathetic! | ||
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I left a message on that poor excuse for a hens club (dramamama). I have a serious suspicion that the post was originally done by a liberal on this board who HATES the fact that I don't bow down in worship to their precious/anointed Obama. Sad, but not entirely unexpected. I hope the witches who commented and called me names on that site come forward on here and tell me how perfect they are, and that they NEVER made a mistake. I dare one of those kitty cats to cast the first stone! | ||
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Amanda~ I really don't think people care... There's already enough drama so things need to be left alone. I don't even know if the OP's question was truly even answered to begin with (which was the sole purpose of the thread)...not for you to come on here and whine because people think you are acting like a bratty toddler (which you are...and I'd sure hope for being 28 you'd have a better grip on your maturity) on a different site and you feel you have to defend yourself to everyone on BBC. I find you to be hypocritical...and while it's slightly annoying and infuriating, it also is good for some shoulder shrugs and laughs. You can come back on here and retaliate against me (and you most likely will), but it really makes no difference to me what you have to say. Go go ahead and flame away. It only makes you look worse. Just grow up, get over it, and let sleeping dogs lie. To the OP...I hope that you got the answers you were looking for despite the ensuing drama. I hope you realize that you DO have options and you should pursue them. I have a sneaky suspicion that because of the circumstances, your pregnancy did have a hand in their decision to let you go...and as long as you are able to find proof that they did discriminate against you in even the smallest bit you DO have a case despite what others may think. Employers will try to save their @sses and cover up to avoid a discrimination lawsuit...which I had happen to me in the past. I wish you the best of luck. Cheers. | ||
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To the OP - you are definitely protected against pregnancy discrimination. I am glad that you saw a lawyer and that he or she thinks you may have a very good case. Unless the company documented the verbal warnings, they really can't use that in court. Most companies do document verbal warnings and add them to your HR file. Honestly, I see the company avoiding going to court and offering you a settlement. A lot of companies will do whatever it takes to avoid going to court. The company that my dad and husband both work for just offered a settlement to avoid going to court, even though what they were being sued for wasn't their fault. They settled because going to court would have cost them more. Amanda | ||
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I know with my new job they can fire at will for the first six months - no cause necessary. I've been worried about what's gonna happen when I tell them I'm pregnant too. I'm sure a temp agency especially can just choose not to call you and get around any discrimination laws. My firm is less than 15 people too - so if I read the earlier posts correctly they are exempt from those laws anyway :( sucks for me!  | ||
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Demeter - I have no interest in FLAMING you, even though that's what you just did to me. You call me a hypocrite, yet people can come on this thread and use it to blast me (and that's okay with you), but if I respond I am just acting like a 'toddler'. To me, that makes YOU the hypocrite. I don't need to defend myself to anyone, but I'm not just going to sit idly by while mean-spirited people like you flame me. tndmomof3 - Good luck to you, I hope everything works out well with your job. Edited 1:10 PM by amandaholly | ||
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I just want to say one thing...I know we have no host yet, but please remember personal attacks are not allowed.  Everyone just smile and let your hormones die down a little please! Zoe 
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I'm hardly mean-spirited. 99% of my posts are made in a positive and productive nature. However, the point is that you have taken over the thread with your comments all because someone pointed out flaws in your earlier posts. Why are you so concerned with people being "mean" to you? By constantly responding in the nature that you do...you are only asking, nay, INVITING for people (like me...and I do it by choice and not because I have to) to come in and post their opinions. All I'm saying is that I feel that the thread should be returned to the original topic at hand and it cannot be done if you are coming on here and complaining because you don't like what people have to say. I saw the posts on the dramamama thread (and no I'm not one of the posters there)...and I'm just completely aghast by your comments. It's downright dirty! I'm not saying that others have not retaliated against you, however I just think it needs to be stopped. No one cares!! If you don't have anything positive to contribute to the actual topic at hand, then don't feel the need to respond. If you want to have a pity party for yourself because you think everyone else is so b*tchy towards you...then start your own thread (which still is absolutely pointless). And I never said that I wasn't being in the least bit hypocritical. I just think for someone of your age you'd have a little more couth and just zip your lip. That's really all I have to say on the matter. And if you find the environment to be so hostile...then leave if you feel the need. The drama that you have needlessly started won't be missed. However, I'm not the only person that thinks you are being a little over-the-top whether it's PG hormones, or G*d forbid, just your everyday attitude and demeanor. It's supposed to be a conductive and informative environment. And it's not right now... | ||
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demeter - It was never my intention to 'take over' this thread. I came on to answer the original posters question. It wasn't until I admitted that I was wrong, that I didn't know about a specific law that was mentioned, that the flaming started...and if you'll notice, I'm NOT the one who started it. I was just appalled that someone can't make an honest mistake, ad mit it, and then move on without people popping up to try and rub my nose in it. I agree, posts SHOULD stay on topic, but that doesn't mean that I'm the only person Obligated to see to that. As long as people keep coming on here attacking me (especially self-righteous people such as yourself), I will keep coming on here dealing with it. And if YOU have a problem with it, then maybe YOU should leave. | ||
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Locking pending review. Debbie |
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