Anonymous wrote:I'm an employment attorney - used to do Plaintiff's work, now work at one of the agencies listed in prior posts (kind of don't want to out myself by saying more in that regard, but this type of fact pattern is what I do every day.)
First, I'm really sorry OP. This must be so stressful. The first piece of practical advice I can give you is that nothing is illegal until an adverse employment action is taken. The comments alone are not illegal, they just serve as evidence of a motive in the case that you are demoted/fired etc. If you stay in limbo like you are right now, it may be uncomfortable, but no law has been broken. PPs are right that documentation is important, but you're never going to get a statement like this in writing. If you want to be serious about protecting a possible claim you need to complain in writing and use the words "pregnancy discrimination." This is not the time to hedge or be polite. Anything less will be used by your employer later to show that you had a personality conflict and never even used the word discrimination.
Once you go down this path things could get worse. As an employment lawyer I always say (to myself and my friends) never sue your employer. It is so unpleasant and very very stressful. Honestly I would advise you to get out now. You're not showing yet, you will have time to interview and get in somewhere before it will be obvious. I know it's not ideal (and be aware that if you're counting on FMLA for maternity leave you won't qualify at a new job) but it sounds like a bad situation where you are. FYI DC Givernment employees get 8 paid weeks of maternity leave now. You may want to look there. To make things more complicated though, if you have any intention at all to sue do not quit. It is a death knell to your case basically.
I don't mean at all to sound callous - this must be really tough. But I also want you to understand that it's an uphill battle and can be very unpleasant. If you do want to take action, yes find a lawyer. Then go to the DC Office of Human Rights not the EEOC. They have mandatory mediation, which means the employer is obligated to participate. Your best hope is a new job and a small settlement for your troubles. As your case stands now, you probably won't win. There just isn't going to be any evidence.
Try David Cashdan for a legal consult.
And congrats on the twins! It will be OK!
Anonymous wrote:Anonymous wrote:Im not sure if I would have a case... but I have to put it out into the world what I am going through at work since I got pregnant.
My manager has known that we were doing IVF, and has been really friendly about it in the last year. So when he asked me if this cycle worked, even tho it was a little early to be announcing, I told him yes... as a friend. He was out of town for the rest of the week. The following week when he came back to work, the day before my first ultrasound, he came into my office to let me know that they had re-hired the female I had actually replaced a year and a half ago, to take my position back. They had planned to move me to another position... I was extremely upset by this. He listed many reasons, one of them being "dont you want to have a less stressful position now that you are pregnant?" and "did you think that you would still be able to handle these hours after having the baby?". I was extremely upset, but tried to be understanding. The next day, we found out that we are expecting twins.
Because my manager had already told my co-workers that I am pregnant, I felt no reason to hide the fact that its twins... especially because I have been so extremely sick. The following day, I was called into a meeting with my manager and the owner. The owner told me "congratulations on the twins!" which was mortifying because I really didnt plan on him specifically knowing so soon. He then told me that they would be changing me to yet another position, and that he would try to keep my pay the same, but I might not make exactly as much. He said that it was nothing personal, they appreciate all that I have done, but its a business decision. He then sent me to talk to the Comptroller of the company, who will be my new manager. I sat down in her office, and her first words were:
"well, I was really excited to have you over here, that is until I found out you went and got pregnant. I dont want to train you just so you can turn around and leave." I told her, that the new position was very new information, and I am just trying to figure out what is going on, but at this time I have no intentions of leaving.... thats when she responded with "Sure... excepts its TWINS, what the fuck are you going to do with twins? You expect to still work?" At that point I lost it. Trying to handle the shock of twins myself, along with my work suddenly falling apart, and everyone knowing about my pregnancy before I was ready... I lost it. To which she responded "Are you going to come in here and cry everytime I yell at you?" I just apologized and told her its still very early in my pregnancy, and asked to be excused. She said she would decide if I could have the position or not... and that was that.
Its been two weeks now, I am 9 weeks 2 days pregnant. I was supposed to change positions at the beginning of the month, and nothing has happened. They hired the girl to replace me literally the same day the first told me, so she has been here, and we have been stepping on one another's toes... meanwhile everyone in my office knows what is going on... and I am not even sure if I am going to have a pay check next month... I am really worried. I dont know if the owner knows what the comptroller said to me... and I dont want to tell him because if I end up working under her. I dont need the extra enemy... I am just at a loss. I have no idea what to expect next.
Thanks for reading.
I do not believe a word of your post. No company would engage in such egregious behavior and leave themselves wide open for a lawsuit and a huge settement. Instead, it sounds as though you are either a troll or trying out your concocted story to sue your employer.
Anonymous wrote:Anonymous wrote:Im not sure if I would have a case... but I have to put it out into the world what I am going through at work since I got pregnant.
My manager has known that we were doing IVF, and has been really friendly about it in the last year. So when he asked me if this cycle worked, even tho it was a little early to be announcing, I told him yes... as a friend. He was out of town for the rest of the week. The following week when he came back to work, the day before my first ultrasound, he came into my office to let me know that they had re-hired the female I had actually replaced a year and a half ago, to take my position back. They had planned to move me to another position... I was extremely upset by this. He listed many reasons, one of them being "dont you want to have a less stressful position now that you are pregnant?" and "did you think that you would still be able to handle these hours after having the baby?". I was extremely upset, but tried to be understanding. The next day, we found out that we are expecting twins.
Because my manager had already told my co-workers that I am pregnant, I felt no reason to hide the fact that its twins... especially because I have been so extremely sick. The following day, I was called into a meeting with my manager and the owner. The owner told me "congratulations on the twins!" which was mortifying because I really didnt plan on him specifically knowing so soon. He then told me that they would be changing me to yet another position, and that he would try to keep my pay the same, but I might not make exactly as much. He said that it was nothing personal, they appreciate all that I have done, but its a business decision. He then sent me to talk to the Comptroller of the company, who will be my new manager. I sat down in her office, and her first words were:
"well, I was really excited to have you over here, that is until I found out you went and got pregnant. I dont want to train you just so you can turn around and leave." I told her, that the new position was very new information, and I am just trying to figure out what is going on, but at this time I have no intentions of leaving.... thats when she responded with "Sure... excepts its TWINS, what the fuck are you going to do with twins? You expect to still work?" At that point I lost it. Trying to handle the shock of twins myself, along with my work suddenly falling apart, and everyone knowing about my pregnancy before I was ready... I lost it. To which she responded "Are you going to come in here and cry everytime I yell at you?" I just apologized and told her its still very early in my pregnancy, and asked to be excused. She said she would decide if I could have the position or not... and that was that.
Its been two weeks now, I am 9 weeks 2 days pregnant. I was supposed to change positions at the beginning of the month, and nothing has happened. They hired the girl to replace me literally the same day the first told me, so she has been here, and we have been stepping on one another's toes... meanwhile everyone in my office knows what is going on... and I am not even sure if I am going to have a pay check next month... I am really worried. I dont know if the owner knows what the comptroller said to me... and I dont want to tell him because if I end up working under her. I dont need the extra enemy... I am just at a loss. I have no idea what to expect next.
Thanks for reading.
I do not believe a word of your post. No company would engage in such egregious behavior and leave themselves wide open for a lawsuit and a huge settement. Instead, it sounds as though you are either a troll or trying out your concocted story to sue your employer.
Anonymous wrote:OP here- Thank you all for the feedback. I hope that I didnt sound immature. This is my first pregnancy, and I recognize now that I should have kept it under wraps for as long as possible.
I appreciate all of the advice. I am due in January, so a large part of me wants to just stick it out until then. I feel like filing a suit would be very time intensive and the last thing I need is more animosity at work in the next six months. With a twin pregnancy, I really need to prepare for the unexpected, so I need to keep my FMLA in place, and even if my pay changes, its still an income. Pregnancy is stressful enough, I can't imagine seeking new employment, especially because I am already showing. I just wanted to know my options, and they seem pretty slim. Filing a suit means time off work, in addition to OB appointments and scans... I just dont see how it would be beneficial to us at this time.
All I can do at this point is see what happens.
Thank you for the advice.
Anonymous wrote:Anonymous wrote:Im not sure if I would have a case... but I have to put it out into the world what I am going through at work since I got pregnant.
My manager has known that we were doing IVF, and has been really friendly about it in the last year. So when he asked me if this cycle worked, even tho it was a little early to be announcing, I told him yes... as a friend. He was out of town for the rest of the week. The following week when he came back to work, the day before my first ultrasound, he came into my office to let me know that they had re-hired the female I had actually replaced a year and a half ago, to take my position back. They had planned to move me to another position... I was extremely upset by this. He listed many reasons, one of them being "dont you want to have a less stressful position now that you are pregnant?" and "did you think that you would still be able to handle these hours after having the baby?". I was extremely upset, but tried to be understanding. The next day, we found out that we are expecting twins.
Because my manager had already told my co-workers that I am pregnant, I felt no reason to hide the fact that its twins... especially because I have been so extremely sick. The following day, I was called into a meeting with my manager and the owner. The owner told me "congratulations on the twins!" which was mortifying because I really didnt plan on him specifically knowing so soon. He then told me that they would be changing me to yet another position, and that he would try to keep my pay the same, but I might not make exactly as much. He said that it was nothing personal, they appreciate all that I have done, but its a business decision. He then sent me to talk to the Comptroller of the company, who will be my new manager. I sat down in her office, and her first words were:
"well, I was really excited to have you over here, that is until I found out you went and got pregnant. I dont want to train you just so you can turn around and leave." I told her, that the new position was very new information, and I am just trying to figure out what is going on, but at this time I have no intentions of leaving.... thats when she responded with "Sure... excepts its TWINS, what the fuck are you going to do with twins? You expect to still work?" At that point I lost it. Trying to handle the shock of twins myself, along with my work suddenly falling apart, and everyone knowing about my pregnancy before I was ready... I lost it. To which she responded "Are you going to come in here and cry everytime I yell at you?" I just apologized and told her its still very early in my pregnancy, and asked to be excused. She said she would decide if I could have the position or not... and that was that.
Its been two weeks now, I am 9 weeks 2 days pregnant. I was supposed to change positions at the beginning of the month, and nothing has happened. They hired the girl to replace me literally the same day the first told me, so she has been here, and we have been stepping on one another's toes... meanwhile everyone in my office knows what is going on... and I am not even sure if I am going to have a pay check next month... I am really worried. I dont know if the owner knows what the comptroller said to me... and I dont want to tell him because if I end up working under her. I dont need the extra enemy... I am just at a loss. I have no idea what to expect next.
Thanks for reading.
I do not believe a word of your post. No company would engage in such egregious behavior and leave themselves wide open for a lawsuit and a huge settement. Instead, it sounds as though you are either a troll or trying out your concocted story to sue your employer.
Anonymous wrote:They probably were planning to do this anyway and rehire the other woman and move you and are just using you as an excuse. Tuff it out, take your maternity leave, come back then find a new job. If they decrease your salary, then contact a lawyer but you will probably pay more in attorney fees than it is worth depending on the decrease.
Anonymous wrote:Im not sure if I would have a case... but I have to put it out into the world what I am going through at work since I got pregnant.
My manager has known that we were doing IVF, and has been really friendly about it in the last year. So when he asked me if this cycle worked, even tho it was a little early to be announcing, I told him yes... as a friend. He was out of town for the rest of the week. The following week when he came back to work, the day before my first ultrasound, he came into my office to let me know that they had re-hired the female I had actually replaced a year and a half ago, to take my position back. They had planned to move me to another position... I was extremely upset by this. He listed many reasons, one of them being "dont you want to have a less stressful position now that you are pregnant?" and "did you think that you would still be able to handle these hours after having the baby?". I was extremely upset, but tried to be understanding. The next day, we found out that we are expecting twins.
Because my manager had already told my co-workers that I am pregnant, I felt no reason to hide the fact that its twins... especially because I have been so extremely sick. The following day, I was called into a meeting with my manager and the owner. The owner told me "congratulations on the twins!" which was mortifying because I really didnt plan on him specifically knowing so soon. He then told me that they would be changing me to yet another position, and that he would try to keep my pay the same, but I might not make exactly as much. He said that it was nothing personal, they appreciate all that I have done, but its a business decision. He then sent me to talk to the Comptroller of the company, who will be my new manager. I sat down in her office, and her first words were:
"well, I was really excited to have you over here, that is until I found out you went and got pregnant. I dont want to train you just so you can turn around and leave." I told her, that the new position was very new information, and I am just trying to figure out what is going on, but at this time I have no intentions of leaving.... thats when she responded with "Sure... excepts its TWINS, what the fuck are you going to do with twins? You expect to still work?" At that point I lost it. Trying to handle the shock of twins myself, along with my work suddenly falling apart, and everyone knowing about my pregnancy before I was ready... I lost it. To which she responded "Are you going to come in here and cry everytime I yell at you?" I just apologized and told her its still very early in my pregnancy, and asked to be excused. She said she would decide if I could have the position or not... and that was that.
Its been two weeks now, I am 9 weeks 2 days pregnant. I was supposed to change positions at the beginning of the month, and nothing has happened. They hired the girl to replace me literally the same day the first told me, so she has been here, and we have been stepping on one another's toes... meanwhile everyone in my office knows what is going on... and I am not even sure if I am going to have a pay check next month... I am really worried. I dont know if the owner knows what the comptroller said to me... and I dont want to tell him because if I end up working under her. I dont need the extra enemy... I am just at a loss. I have no idea what to expect next.
Thanks for reading.
Anonymous wrote:Anonymous wrote:Are the PPs attorneys? I don't think you need to consult an attorney at this stage, but you might want to call the EEOC and/or the DC Office of Human Rights (if you're in DC).
I am one of the PPs, and yes, I am an attorney. I think OP certainly needs to consult an attorney to get an idea of what her next steps need to be and how to protect herself while she still has her job! There are certain prerequisites for bringing an employment discrimination suit, and there are certain actions on her part that could be fatal to her ability to bring a claim if it gets to that point. If I was OP, I would want to have an understanding of how that works and what my options are. She can still call the EEOC and/or DC counterpart, but she needs to talk with an employment attorney, too.
Anonymous wrote:Anonymous wrote:Wow, so thy employer tries to accommodate her and she gets mad
She hadn't asked for accomodation. assuming someone wants accomodation when they haven't asked for it is discrimination. As an asshole, surely you're familiar with people not treating you as you deserve to be treated?
Anonymous wrote:Wow, so thy employer tries to accommodate her and she gets mad