discrimination lawsuit

edited November 2012 in Pregnant
Has anyone taken or tried to take their employer to court for discrimination for being pregnant?

Comments

  • I should have and could have but didn't want the stress while prego. Do you live in a work at will state??
  • If your company has an integrity line call that or human resources. I'd also talk to a lawyer before going forward to make sure you understand everything. I worked at Wendys as a manager when pregnant with my daughter and they treated me like shit....after I changed jobs I realized I coulda had a case bc I requested a 30min break (Dr note bc we didn't even get to sit to eat there) and they forced me to go hourly and there were other pregnant managers who didn't have to go hourly...def check into it.
  • @kenzie0713 im not sure ill have to check it out.

    @sehra4177 thanks for the info. I have worked at this rrstaurant for almost give years and had a baby 11 months ago while working there. When it came time for my maternity leave I asked what has to be done (as far as paper work) & the manager at that time said just tell him when I want to stop working and then call him when im ready to come back. Thats what I did I was out for 10 weeks no pay and everything was fine. Well fast forward to now I am 34 weeks pg and I assumed the rule was the same but there is a new manager and he said there is actually paper work I have to fill out. so last week I email the manager asking for the papers bc I have been in so much pain standing on my feet serving tables that me and hubby decided ill go on leave a little early. he emails me back saying cooperate will contact me about my leave. Later that night a lady calls and says she understands I want to take my leave now but since im part time I only get 6 weeks not 12. I said I had 10 weeks off 11 months ago when I had my son and it wasnt a problem. Well she said she didnt know anything about that and these are the rules. So I said ok what if I get a note from my dr saying I cant work until the baby is born and then ill use my 6 weeks leave and she said if I get a dr note it only covers me for 6 weeks and then they terminate me. So the note would only cover me until 12_23_12 and im due 12_26! She recommended that I get a note saying I have limited work ability like I can only work 4 hours on my feet. Thst way they would make a position for me doing something sitting down in the back. So I get the dr. note yesterday and bring it to my manager and he said that they dont have any open positions doing anything sitting down (like rolling silverware). But I can stand in the front and hand out samples for 4 hours (instead of serving my normal position) so I figured I woukd come back for one or two shifts a week until I go into labor to keep my job. Bc I wont be serving I will make an hourly wage and that is taking a huge pay cut so at the end of the,meeting he said and just so you know you have to work at least 3 shifts a week I was looking forward to only working 1 or 2 but whatever. So I get home last night and pull up works schedule and come to find out 10 people have it where their availability is 2 shifts a week or less! Someone else they hired a few months ago has his availability completed closed until mid january bc he is in India for yoga! So I just feel like they are trying to get rid of me. I dont understand why its ok for this guy to leave for over twelve weeks for yoga and they keep him on or why its ok for 10 other people to only work 1 to 2 days a week but me being 8 months pregnant cant! idk what to do and I woke up at 3 am going over if I should just quit or suck it up or what :/ sorry so long!
  • I would call corporate back with this information and tell them what you think is going on. Also make sure you print that schedule.
  • I have a issue right now with my employer bc they are taking me hour and leaving me out of scheduele and the reason they give me was bc i was prego and i made and statment in human reasources and they dindt do anything so i go to federal department of work and they told me that this is a mayor discrimination....here in Puerto Rico we have 2month for maternity even if u are part time and i thinks is the same law for US...get some orientation but is ur rights
  • I think 12 weeks is only for a c-section and 6 for a vaginal.
  • For my employer it was only 6 weeks for vaginal and 8 weeks for a c section. But that's horrible! I'd print that schedule off and call hr again and get some answers they can't do that to you bc you are prego.
  • Yeh I'd get answers bc that's kinda what happened to me I was forced to reduce to hourly but other pregnant managers weren't and they also got breaks and I didn't. I lost alot of pay bc I was salary and lost about 200.00 a week bc of going hourly
  • I serve and when I went on leave my manager just took me off the schedule. I took ten months off. When I went back she just put me back on the schedule.
  • Just smack him,lol. I'd for sure throw down a riot. That's not fair, it seems like so many people are against pregnant women.
  • Im kinda going thru the same thing just the exact opposite. Last time I told 12 days off. I couldn't afford to take anymore off andthe manager was fine with it. The hr department has cracked down and I have to have a Dr release to be able to come back to work.
  • I have no clue.. I wish I did something w/my first! My dm didn't even tell me about paper work! And expected me back at work the next day!
    she seriously never liked me.. she always thought I was 16 and treated me like one but I was 20!
    well corprate called me once...w/a very rude ass message..saying if this is so so..and so on w/a big time attitude.saying I did a no show and I was fired.. and claimed they have been calling me and left messages! Which wasn't true, since I had 1 miss call and 1 voicemail.. and I called back asap!
    But when my manager got pregnant she told her about paperwork needed to be filed so many wks before.
    She never told me! When I asked she said..dont worry about it!
    At least I got 2 other checks from there since there were law suits!
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  • I dont qualify they said bc I am not full time which is weird bc I wasnt full time 11 months ago when I had my son and it wasnt a problem. So I get 6 weeks for being part time which is better than nothing I guess but what is upsetting is the guy who is part time and requested off for the next 3+ months to go to india and they are ok with him leaving for that long of a time but not me for having a baby? & the fact that they are making me work 3 days a week until I have my baby otherwise they will terminate me. When their are 10 other employees that only work 1 to 2 shifts a week. Like they are only enforcing their rules on me :(
  • edited November 2012
    You have to have worked 1250 hours in a 12 month period (refer to link) to qualify for FMLA. Once you hit that mark you are entitled to 12 unpaid leave, as long as your physician approves the paperwork.

    It sounds like they are trying their best to ”look” like they are accommodating you so they can avoid any legal ramifications. They are being sneaky about it in hopes that you'll cave and quit. At least if they fire you, you can collect unemployment. What jerks!

    http://www.dol.gov/whd/regs/compliance/whdfs28.htm#.UKbmTxrCtHg
  • I wasn't full time not even close with my.daughter and I qualified for the family leave I would just call hr back request the paper work and it will say why in there. It's a state thing just continue looking into it.
  • I think in Mi its only 1000 hrs..not positive. Even at 1250hrs, that averages to about 24hrs a week. You really should check into it. Either way, sounds like a crummy situation to be in..Im sorry!!
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