Do I have any protection or some sort of job-loss prevention?

[no1tovote4]

Ya'll need to read a bit about "at will"..They don't Need a reason, nor do they have to give one.

However if you feel you have been discriminated you can bring a lawsuit, if they have no documentation as to the why then they will lose. Therefore companies that are in at-will states, like CO, keep records of why they fired people so that they can protect themselves. If the reason is because of this a sexual discrimination lawsuit will almost always go in favor of the pregnant woman regardless of the fact that the attendance is cited as the cause.

In almost every single case the woman will win, it isn't worth it for the company to fight it and almost every company will avoid it by not firing the pregnant woman for reasons that can be attributed to this condition.

 

[Mr. P]

However if you feel you have been discriminated you can bring a lawsuit, if they have no documentation as to the why then they will lose. Therefore companies that are in at-will states, like CO, keep records of why they fired people so that they can protect themselves. If the reason is because of this a sexual discrimination lawsuit will almost always go in favor of the pregnant woman regardless of the fact that the attendance is cited as the cause.

In almost every single case the woman will win, it isn't worth it for the company to fight it and almost every company will avoid it by not firing the pregnant woman for reasons that can be attributed to this condition.

Yes, but as I said, it's very expensive to bring suite. Depositions, copy costs etc, all out of the plaintiffs pocket..and the Company, with an army of attorneys can drag it on and on, costing bigger bucks...so most people don't and can't even pursue that route.

 

[fuzzykitten99]

Yes, but as I said, it's very expensive to bring suite. Depositions, copy costs etc, all out of the plaintiffs pocket..and the Company, with an army of attorneys can drag it on and on, costing bigger bucks...so most people don't and can't even pursue that route.

that's why many lawyers here say if they don't win your case, you don't pay anything.

Anyway.

I called my HR center. They set me up on the FMLA Intermittent leave. It is treated like maternity leave, but not taken consecutively, like a few hours here, a day or two there. It means through my whole pregnancy, I can leave, come in late, or not at all for any reason related to my condition, and it CANNOT be counted against my attendance. And they are going to count the days missed in the last 30 days too, so those come off my record. The only downside is if I don't have enough PTO/ETB hours to cover what I do take off, then it is unpaid. This is fine, as I would not expect to be paid unless I had the time accrued.

They are also looking into the issue relating to my accident as well, but since that is a different reason why I was out, the investigation, as they call it, will take a little longer. The rep will contact me by friday, though, to let me know where everything stands. I'll try to remember to post what she tells me.

Don't get me wrong, I like working for the company, I just don't like the people I work under. I'm not the only one who has complaints, so that is why it may take a while.

 

[Mr. P]

that's why many lawyers here say if they don't win your case, you don't pay anything.

....

LOL..Yea that’s called a contingency, Fuzzy. Good Luck finding someone that will take a wrongful discharge case and bear the financial burden in an “at will” state. Unless it's a clear EEOC case.
They’d be idiots. They could spend thousands.

Like I said...Good Luck...

 

[fuzzykitten99]

LOL..Yea that’s called a contingency, Fuzzy. Good Luck finding someone that will take a wrongful discharge case and bear the financial burden in an “at will” state. Unless it's a clear EEOC case.
They’d be idiots. They could spend thousands.

Like I said...Good Luck...

MN is not an at will state. the employer has to tell you the exact reason why they are letting you go.

 

[Mr. P]

MN is not an at will state. the employer has to tell you the exact reason why they are letting you go.

GEEEZZZZZZZZZZ

FUZZY READ THE POSTS! CHECK THE LINK IN POST #5..IT's FROM YOUR STATE!
THEY SAY THEY ARE "AT WILL". sorry I tried to help ya out kid.

 

[GotZoom]

I'm glad you went the FMLA route. It actually sounds like they are going above and beyond what they are required to do.

Since you aren't crazy about the people you directly work under, I would still keep exact documentation about everything you do and hear. If you come into work and leave after an hour, document it.

I would hate to see them bogus up some attendance sheets just to cause problems for you.

 

[speederdoc]

I believe Mr. P is correct. Texas is an "at will" state too. An employer can fire you at any time, without any reason whatsoever. Even if you have perfect attendance, no complaints, and excellent reviews.

If you feel you have been discriminated against based on race, religion, disability, etc. you can sue for damages, but you still are not guaranteed your job back.

I do not think pregnancy is classified as a disability, but that could be open to interpretation by the courts, perhaps.

The fact that your company is willing to let you use some days of your FMLA is a good sign that they are willing to work with you, but you are only guaranteed 12 weeks of FMLA the way I understand it, and the time you take off now will come out of your postpartum time. So you will have less time off after the birth of your baby.

Good luck. the morning sickness usually is only during the first trimester, but YMMV.

 

[fuzzykitten99]

...

I do not think pregnancy is classified as a disability, but that could be open to interpretation by the courts, perhaps.

The fact that your company is willing to let you use some days of your FMLA is a good sign that they are willing to work with you, but you are only guaranteed 12 weeks of FMLA the way I understand it, and the time you take off now will come out of your postpartum time. So you will have less time off after the birth of your baby.

Good luck. the morning sickness usually is only during the first trimester, but YMMV.

actually, pregnancy is kind of considered a disability, because you are able to use short-term disability benefits for maternity leave.