Legal question
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Anonymous
| I was recently given the opportunity to resign or be fired from my current position at 9 months pregnant. I was with the company five months (I was pregnant when I started). They said it was a business decision. I am in sales and they said I was not hitting my quota. My husband thinks that I should consult a lawyer but I am not sure if a) there is a case or b) I want to open that can of worms or c) pay legal fees. Any advice? |
Anonymous
| Resign. I don't see why you would even consult a lawyer. If you aren't performing, you get fired. Be happy that they are giving you the option to resign. Your pregnancy has nothing to do with your job and their decision. |
Anonymous
| are you meeting your quotas? |
Anonymous
| If you think this is b/c of pregnancy, file an eeoc complaint. You can do it on your own without a lawyer. |
Anonymous
Yes. A lawyer will write a nasty demand letter for you, and you still have to go to the EEOC first to get a right to sue letter before you can go to court. However, were you in fact not meeting your sales quotas? Are there other employees who were not meeting their quotas who were not fired along with you? Those are the key facts. If the answer to either question is yes, then you may have a case. See if you can get a lawyer to take it on contingency. Potentially your damages could include lost pay as well as health benefits. |
Anonymous
| I had a friend in almost the exact same position. The EEOC said she didnt have a case. Now.she is spending so much time and money persuing it on her own. It has totally consumed her life and is quite sad. |
Anonymous
| Wouldn't it be better to get fired so you can collect unemployment? |
Anonymous
| You don't automatically get unemployment when fired, more likely the employer will fight it. |
Anonymous
True or False? |
Anonymous
| It's not an "opportunity to resign." You are being fired but they hope you'll take the blame. Let them fire you at nine months pregnant. This will hurt them more over time. It's a bad business decision for them and it is entirely unlikely it isn't influcened by your being pregnant. You are better off imho if you just go forward with the story being they fired you at nine months pregnant. No one will need any more explanation than that. And hey, maybe they'll reconsider whether they want this to be the record of the company. Put it back on 'em. And don't be surprised if suddenly they have something to offer you to go away. |
Anonymous
| Listen, this is good advice, I've been the boss a long time -- negotiate a lay off. No company wants to deal with an EEOC complaint. It takes a long time and even if the company wins, they like you, have to deal with it while it's pending. If they fire you (or do a lay off) and they don't give you what you want (3 to 4 month severance and ability to draw unemployment), have a lawyer draft a letter. DO NOT RESIGN. You will always have a reason for leaving the company - you had a baby and decided not to go back at the time, but now you are ready to work. Everyone will buy that. Men negotiate settlements all the time. Women are afraid. What do you have to lose? If they fire you, have your lawyer write the letter. Remember, if there was litigation, their records would be discoverable and something tells me that they have not been really disciplined with all of their employees all the time. Any discrepancy would hurt them. |
Anonymous
+10 Of course you're due and they're messing with you now. But just say no, not resigning, and you can talk to me a month after baby arrives. End. |
Anonymous
|
So if OP didn't meet her quota and is the only one who didn't meet it, she shouldn't be fired just cuz she's pregnant? I just don't understand this argument, and yes, I am a working mom. So should they continue paying her salary and then when she comes back from mat. leave fire her? How long does this "discrimination" last for?
I just don't see the case here. And like I said in another post, I have a friend who was in almost the exact same situation. The EEOC said she had no grounds for a case. |
Anonymous
Who cares about whether there is a case. The EEOC complaint can take 3 to 5 years. She needs to go, the question is just how should she negotiate her exit. You think guys always meet their quota? If you do, I feel really sorry for you. There is definitely a double standard. OP needs to be on her feet and keep her paycheck coming. I am not here to save the world, I am giving advice on keeping a paycheck and negotiating the terms that will allow her to be successful in her next job. You continue with your idealistic behavior and stay in middle management. That is not the way the world works and that's why guys get ahead. Do you think they lay down when getting fired? Hell No! They negotiate a settlement b/c regardless of their sales quota, they go into the conversation thinking they are the best! |
Anonymous
|
Wow, thanks for all the help...well, except you nasty naysayers. Op here. Not saying I was perfect, but the are blaming it on a quota that I wasn't specifically given nor was I spoken or warned that I wasn't hitting set number. I had one conversation eith my boss questioning this and then I was asked to resign.
If I did sign the resignation, where does that put? Also, does anyone have any recommendations for a lawyer that might take this on contingency? |