manager told me not to submit maternity leave request for my upcoming delivery, next day laid off...

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Are you in a "right to work state?" Are you an "at will" employee?

Right-to-work laws only apply if she is in a union. They outlaw union security clauses.

? So called right to work laws have nothing to do with this situation. Are you a lawyer??

PP, are you talking to the person who wrote the first post or the person who replied? I'm the PP who replied, and I am not a lawyer, but I do work in the movement.

[Anonymous]

Anonymous wrote:Contact a lawyer. Do it sooner rather than later, OP. You have a great case

You literally know like 4 sentences of her case. Get a grip. She wasn't a good employee, and it was reflected in her reviews.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Contact a lawyer. Do it sooner rather than later, OP. You have a great case

You literally know like 4 sentences of her case. Get a grip. She wasn't a good employee, and it was reflected in her reviews.

She worked there for 10 years. She got a bad review the 1 year she took maternity leave. And sounds like she got laid off because she was pregnant. Sounds like a great case to me too.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Contact a lawyer. Do it sooner rather than later, OP. You have a great case

You literally know like 4 sentences of her case. Get a grip. She wasn't a good employee, and it was reflected in her reviews.

She worked there for 10 years. She got a bad review the 1 year she took maternity leave. And sounds like she got laid off because she was pregnant. Sounds like a great case to me too.

Not really. If they can prove her performance dropped after having a kid then she is SOL. This is why men make more than women. They don't have to deal with this issue, fair or not

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Contact a lawyer. Do it sooner rather than later, OP. You have a great case

You literally know like 4 sentences of her case. Get a grip. She wasn't a good employee, and it was reflected in her reviews.

She worked there for 10 years. She got a bad review the 1 year she took maternity leave. And sounds like she got laid off because she was pregnant. Sounds like a great case to me too.

Not really. If they can prove her performance dropped after having a kid then she is SOL. This is why men make more than women. They don't have to deal with this issue, fair or not

+1. I am an employment (defense) lawyer and I have had many of these cases at the administrative level where the EEOC finds no probable cause to believe there was discrimination. She was average all along and there is a decent chance her performance slipped after having a kid. It is rare for this not to happen at least for a little while. A lot of us have years of superior performance prior to kids and that saves us when performance slips but when an average employee becomes below average, getting canned can well be legitimate. Be honest with yourself, OP. Has your performance declined. I also think, as others have said, it is important to know how common average performance reviews are at your place of employment.

Keep in mind, if you are determined to pursue this, you need to file an administrative charge with the EEOC or state agency first.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Contact a lawyer. Do it sooner rather than later, OP. You have a great case

You literally know like 4 sentences of her case. Get a grip. She wasn't a good employee, and it was reflected in her reviews.

She worked there for 10 years. She got a bad review the 1 year she took maternity leave. And sounds like she got laid off because she was pregnant. Sounds like a great case to me too.

Not really. If they can prove her performance dropped after having a kid then she is SOL. This is why men make more than women. They don't have to deal with this issue, fair or not

This x1000.

OP may not be aware of it, but her personal file could contain memos her boss/supervisor sent to HR each time OP came in late or left early or each little mistake made.

I work in HR and when we're making a good case to get rid of someone we feel may be upset, everything is documented, but only official written warnings/statements are given to the employee in question. For example, we were able to fire a pregnant woman and win the case because her boss had clear, concise proof of her performance decline. Each little mistake made was sent to HR to be added to her file. Emails from her boss to her co-worker that said "Mary is going to be in 2 hours late today. Please do XYZ before the 10 AM deadline for her." to show proof of the burden being thrust on others to cover her job duties. We knew that a a claim and lawsuit would probably coming from her when laid off and it did. EEOC sided with us and then she had no legal grounds.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Contact a lawyer. Do it sooner rather than later, OP. You have a great case

You literally know like 4 sentences of her case. Get a grip. She wasn't a good employee, and it was reflected in her reviews.

She worked there for 10 years. She got a bad review the 1 year she took maternity leave. And sounds like she got laid off because she was pregnant. Sounds like a great case to me too.

Not really. If they can prove her performance dropped after having a kid then she is SOL. This is why men make more than women. They don't have to deal with this issue, fair or not

+1. I am an employment (defense) lawyer and I have had many of these cases at the administrative level where the EEOC finds no probable cause to believe there was discrimination. She was average all along and there is a decent chance her performance slipped after having a kid. It is rare for this not to happen at least for a little while. A lot of us have years of superior performance prior to kids and that saves us when performance slips but when an average employee becomes below average, getting canned can well be legitimate. Be honest with yourself, OP. Has your performance declined. I also think, as others have said, it is important to know how common average performance reviews are at your place of employment.

Keep in mind, if you are determined to pursue this, you need to file an administrative charge with the EEOC or state agency first.

lol says the employment DEFENSE lawyer. the question is whether everyone who's performance "dips" once in ten years gets fired ... or just those who are about to request maternity leave.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Contact a lawyer. Do it sooner rather than later, OP. You have a great case

You literally know like 4 sentences of her case. Get a grip. She wasn't a good employee, and it was reflected in her reviews.

She worked there for 10 years. She got a bad review the 1 year she took maternity leave. And sounds like she got laid off because she was pregnant. Sounds like a great case to me too.

Not really. If they can prove her performance dropped after having a kid then she is SOL. This is why men make more than women. They don't have to deal with this issue, fair or not

This x1000.

OP may not be aware of it, but her personal file could contain memos her boss/supervisor sent to HR each time OP came in late or left early or each little mistake made.

I work in HR and when we're making a good case to get rid of someone we feel may be upset, everything is documented, but only official written warnings/statements are given to the employee in question. For example, we were able to fire a pregnant woman and win the case because her boss had clear, concise proof of her performance decline. Each little mistake made was sent to HR to be added to her file. Emails from her boss to her co-worker that said "Mary is going to be in 2 hours late today. Please do XYZ before the 10 AM deadline for her." to show proof of the burden being thrust on others to cover her job duties. We knew that a a claim and lawsuit would probably coming from her when laid off and it did. EEOC sided with us and then she had no legal grounds.

Sounds like you won but you were actually harassing her. Unless you do the same kind of reporting/tracking for non-pregnant people, sounds like you were discriminating based on her pregnancy.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Contact a lawyer. Do it sooner rather than later, OP. You have a great case

You literally know like 4 sentences of her case. Get a grip. She wasn't a good employee, and it was reflected in her reviews.

She worked there for 10 years. She got a bad review the 1 year she took maternity leave. And sounds like she got laid off because she was pregnant. Sounds like a great case to me too.

Not really. If they can prove her performance dropped after having a kid then she is SOL. This is why men make more than women. They don't have to deal with this issue, fair or not

This x1000.

OP may not be aware of it, but her personal file could contain memos her boss/supervisor sent to HR each time OP came in late or left early or each little mistake made.

I work in HR and when we're making a good case to get rid of someone we feel may be upset, everything is documented, but only official written warnings/statements are given to the employee in question. For example, we were able to fire a pregnant woman and win the case because her boss had clear, concise proof of her performance decline. Each little mistake made was sent to HR to be added to her file. Emails from her boss to her co-worker that said "Mary is going to be in 2 hours late today. Please do XYZ before the 10 AM deadline for her." to show proof of the burden being thrust on others to cover her job duties. We knew that a a claim and lawsuit would probably coming from her when laid off and it did. EEOC sided with us and then she had no legal grounds.

Sounds like you won but you were actually harassing her. Unless you do the same kind of reporting/tracking for non-pregnant people, sounds like you were discriminating based on her pregnancy.

Exactly. Show me that you have been scrutinizing her non pregnant co-workers in the same way. I'll bet there are serveral examples of other workers who have come in late for various reasons (traffic, medical appointments etc) who are not getting written up.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Contact a lawyer. Do it sooner rather than later, OP. You have a great case

You literally know like 4 sentences of her case. Get a grip. She wasn't a good employee, and it was reflected in her reviews.

She worked there for 10 years. She got a bad review the 1 year she took maternity leave. And sounds like she got laid off because she was pregnant. Sounds like a great case to me too.

Not really. If they can prove her performance dropped after having a kid then she is SOL. This is why men make more than women. They don't have to deal with this issue, fair or not

This x1000.

OP may not be aware of it, but her personal file could contain memos her boss/supervisor sent to HR each time OP came in late or left early or each little mistake made.

I work in HR and when we're making a good case to get rid of someone we feel may be upset, everything is documented, but only official written warnings/statements are given to the employee in question. For example, we were able to fire a pregnant woman and win the case because her boss had clear, concise proof of her performance decline. Each little mistake made was sent to HR to be added to her file. Emails from her boss to her co-worker that said "Mary is going to be in 2 hours late today. Please do XYZ before the 10 AM deadline for her." to show proof of the burden being thrust on others to cover her job duties. We knew that a a claim and lawsuit would probably coming from her when laid off and it did. EEOC sided with us and then she had no legal grounds.

Sounds like you won but you were actually harassing her. Unless you do the same kind of reporting/tracking for non-pregnant people, sounds like you were discriminating based on her pregnancy.

Exactly. Show me that you have been scrutinizing her non pregnant co-workers in the same way. I'll bet there are serveral examples of other workers who have come in late for various reasons (traffic, medical appointments etc) who are not getting written up.

Also- did the EEOC actually clear your company of discrimination or did they just give her a right to sue letter? Just because the EEOC does not find grounds to pursue a complaint doesn't mean you are in the clear. I believe the SOL for PDA cases is 7 years? She can still bring a lawsuit against you.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Contact a lawyer. Do it sooner rather than later, OP. You have a great case

You literally know like 4 sentences of her case. Get a grip. She wasn't a good employee, and it was reflected in her reviews.

She worked there for 10 years. She got a bad review the 1 year she took maternity leave. And sounds like she got laid off because she was pregnant. Sounds like a great case to me too.

Not really. If they can prove her performance dropped after having a kid then she is SOL. This is why men make more than women. They don't have to deal with this issue, fair or not

This x1000.

OP may not be aware of it, but her personal file could contain memos her boss/supervisor sent to HR each time OP came in late or left early or each little mistake made.

I work in HR and when we're making a good case to get rid of someone we feel may be upset, everything is documented, but only official written warnings/statements are given to the employee in question. For example, we were able to fire a pregnant woman and win the case because her boss had clear, concise proof of her performance decline. Each little mistake made was sent to HR to be added to her file. Emails from her boss to her co-worker that said "Mary is going to be in 2 hours late today. Please do XYZ before the 10 AM deadline for her." to show proof of the burden being thrust on others to cover her job duties. We knew that a a claim and lawsuit would probably coming from her when laid off and it did. EEOC sided with us and then she had no legal grounds.

Sounds like you won but you were actually harassing her. Unless you do the same kind of reporting/tracking for non-pregnant people, sounds like you were discriminating based on her pregnancy.

Exactly. Show me that you have been scrutinizing her non pregnant co-workers in the same way. I'll bet there are serveral examples of other workers who have come in late for various reasons (traffic, medical appointments etc) who are not getting written up.

Also- did the EEOC actually clear your company of discrimination or did they just give her a right to sue letter? Just because the EEOC does not find grounds to pursue a complaint doesn't mean you are in the clear. I believe the SOL for PDA cases is 7 years? She can still bring a lawsuit against you.

Nope. The right to sue for pregnancy discrimination is a very limited window. The charge has to be filed within up 300 days and then the lawsuit within 90 days of the right to sue letter being issued.

https://www.google.com/amp/s/www.spigglelaw.com/employment-blog/10-things-to-know-before-filing-pregnancy-discrimination-claim/amp/

https://www.eeoc.gov/employees/lawsuit.cfm

And no, the company does not have to show their "monitoring" of other workers.

- DP

[Anonymous]

I agree it's super shady but I think the fact she was on a PIP will be a CYA for her employer.

[Anonymous]

Employer here. Employees think maternity leave or disability is some kind of magic shield from termination. It is not. I've worked at big companies and small, and have terminated a number of people on disability. You cannot be terminated because of it, but all the other rules apply. Headcount reductions, performance, etc. That said, it's easier and less costly to write a check than fight, so you'll probably get some $ out if. $500/hr lawyer bills add up fast.

[Anonymous]

Do you have the extra money for a lawyer? You were on a PIP. I hope you have stronger and more information than provided in original post

[Anonymous]

Anonymous wrote:

Anonymous wrote:I got laid off when I was pregnant along with a bunch of other people. I was actually glad to be able to not work during the last half of my pregnancy. I didn't get a lawyer, but in hindsight I should have.

If you got laid off with a bunch of other people, what would you sue for? It's not illegal to fire pregnant women.

exactly. I think many on DCUM believes that you can't get fired if you're pregnant. You can't get fired because you're pregnant. Bing difference