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

[fuzzykitten99]

So far, in the last 6 weeks, I have left work about 4 times, due to my morning sickness just not letting up. I am constantly running to the bathroom at work, tired all the time, and nauseated to the point i don't even want to eat. I have to eat, so i force myself to, but it is hard.

Anyway, this all counts against my attendance. I have been trying my best to work AT work, but I spend 75% of my time either willing myself not to run to the restroom again, nod off at my desk, etc. I am not getting much done. This is really hurting our area because we are 1 person short due to a promotion, so we are already behind. I am really no good to my co-workers, being there, but not really able to commit 100% of my efforts. But I can't keep missing work, either.

I stayed home today because I was up all night-literally, also with a low-grade fever. This is VERY dangerous, as anything above 100deg, I have to get myself to the ER asap. Thankfully, it has gone down, with tylenol, rest, and liquids. My OB suspects food poisoning, as I have talked with her today. Baby should be fine, as it would only affect me, and as long as I made sure my fever didn't go past 100.

I am wondering if anyone knows if I have any federal protection from being fired because I am pregnant, and morning sickness is a legitimate symptom? I tried looking the info up on the dept of labor site, but it doesn't give any specifics, and my boss has told me I should research this. Personally, I think she should know some of this, but whatever.

 

[GotZoom]

So far, in the last 6 weeks, I have left work about 4 times, due to my morning sickness just not letting up. I am constantly running to the bathroom at work, tired all the time, and nauseated to the point i don't even want to eat. I have to eat, so i force myself to, but it is hard.

Anyway, this all counts against my attendance. I have been trying my best to work AT work, but I spend 75% of my time either willing myself not to run to the restroom again, nod off at my desk, etc. I am not getting much done. This is really hurting our area because we are 1 person short due to a promotion, so we are already behind. I am really no good to my co-workers, being there, but not really able to commit 100% of my efforts. But I can't keep missing work, either.

I stayed home today because I was up all night-literally, also with a low-grade fever. This is VERY dangerous, as anything above 100deg, I have to get myself to the ER asap. Thankfully, it has gone down, with tylenol, rest, and liquids. My OB suspects food poisoning, as I have talked with her today. Baby should be fine, as it would only affect me, and as long as I made sure my fever didn't go past 100.

I am wondering if anyone knows if I have any federal protection from being fired because I am pregnant, and morning sickness is a legitimate symptom? I tried looking the info up on the dept of labor site, but it doesn't give any specifics, and my boss has told me I should research this. Personally, I think she should know some of this, but whatever.

Check this out:

http://www.wasb.org/employee/reviewarchive/2002/decisions5302.html

You have a lot of option. There is something called the Family Medical Leave Act which gives you time off from work while guaranteeing you an equal/same position when you come back. But this is usually used after the baby is born.

You can get your doctor to put you on medical leave...but remember, each state has their own laws also that governs this.

 

[fuzzykitten99]

Check this out:

http://www.wasb.org/employee/reviewarchive/2002/decisions5302.html

You have a lot of option. There is something called the Family Medical Leave Act which gives you time off from work while guaranteeing you an equal/same position when you come back. But this is usually used after the baby is born.

You can get your doctor to put you on medical leave...but remember, each state has their own laws also that governs this.

i don't know if i can get the doctor to put me on med leave, because the severity varies from day to day.

I tried looking up FMLA info on our company website, but there was nothing.

 

[no1tovote4]

i don't know if i can get the doctor to put me on med leave, because the severity varies from day to day.

I tried looking up FMLA info on our company website, but there was nothing.

FMLA is only for large companies, how many people work at your company?

Almost every company would avoid firing any woman while pregnant for reasons that could be explained by the condition. The resultant lawsuit would be unimaginably fatal to many companies, especially those that are not very large.

 

[Mr. P]

Good Luck..

Minnesota is an employment "at will" state. The employer can fire any employee for any reason as long as that reason is not illegal. If you feel that you were terminated because of discrimination based on race, creed, color, sex, national origin, ancestry, religion, age, disability, sexual orientation, or marital status; contact the Minnesota Human Rights Department at (651) 296-5663 or 1-800-657-3704.

http://www.doli.state.mn.us/termination.html

 

[fuzzykitten99]

FMLA is only for large companies, how many people work at your company?

Almost every company would avoid firing any woman while pregnant for reasons that could be explained by the condition. The resultant lawsuit would be unimaginably fatal to many companies, especially those that are not very large.

i work for progressive insurance, so i have no problem there.

i can have 9 occurences in 12 revolving months before being fired. so far, today puts me at 8. one will fall off this friday, so it will then be 7. 4 of those were from the last 6 weeks, being too sick to continue.

my mom told me to call my HR service center and ask what i can do. I am planning to call after i have lunch. i will let you know what I find out.

 

[no1tovote4]

Good Luck..


http://www.doli.state.mn.us/termination.html

If you feel that you were terminated because of discrimination based on race, creed, color, sex, national

Pregnancy is a large part of sexaul discrimination lawsuits. Almost any company will avoid firing you because of illness related to pregnancy due to the high instance of losses in lawsuits in related cases.

 

[manu1959]

i california you would be untouchable....you go out on materinty leave...burn up all your sick and vaction...then unpaid and we have to hold "a job" for you when you return....

 

[fuzzykitten99]

If you feel that you were terminated because of discrimination based on race, creed, color, sex, national

Pregnancy is a large part of sexaul discrimination lawsuits. Almost any company will avoid firing you because of illness related to pregnancy due to the high instance of losses in lawsuits in related cases.

i think it would be hard to prove they fired me solely on being pregnant. Then again, they tried to count me being absent one day because i was rear-ended by someone else, against my attendance-even though the absence was physically caused by someone else. Its not like I made a conscious decision to call in sick. It took me telling them i would get our HR rep in on this if they insisted on counting it, to get them to take it off. I told them they sound like they want me to come into work anyway, leaving the scene of the accident, possibly being injured. Like they care more about work being done than the well being of an employee and her unborn baby.

I am actually going to be talking to HR about that issue as well, because I don't feel like I should have to justify my not being there by telling them personal medical info.

 

[Mr. P]

If you feel that you were terminated because of discrimination based on race, creed, color, sex, national

Pregnancy is a large part of sexaul discrimination lawsuits. Almost any company will avoid firing you because of illness related to pregnancy due to the high instance of losses in lawsuits in related cases.

True, but she would have to prove it...

 

[manu1959]

True, but she would have to prove it...

not really....all she has to do is file....they will settle

 

[GotZoom]

i think it would be hard to prove they fired me solely on being pregnant. Then again, they tried to count me being absent one day because i was rear-ended by someone else, against my attendance-even though the absence was physically caused by someone else. Its not like I made a conscious decision to call in sick. It took me telling them i would get our HR rep in on this if they insisted on counting it, to get them to take it off. I told them they sound like they want me to come into work anyway, leaving the scene of the accident, possibly being injured. Like they care more about work being done than the well being of an employee and her unborn baby.

I am actually going to be talking to HR about that issue as well, because I don't feel like I should have to justify my not being there by telling them personal medical info.

Tennessee is also an "at will" state - they can fire you for anything at any time. They can fire you because "it's just not working out." Now, if they are stupid and they tell you, "You're fired because you are pregnant" - then you have them.

Your HR idea is good. I would also document EVERY SINGLE conversation, email, anything that you have at work talking about this. Even the smallest, "in passing" comment, you need to document. Keep it to yourself - don't let them know you are doing it. It may come in handy.

Good luck.

 

[manu1959]

Tennessee is also an "at will" state - they can fire you for anything at any time. They can fire you because "it's just not working out." Now, if they are stupid and they tell you, "You're fired because you are pregnant" - then you have them.

Your HR idea is good. I would also document EVERY SINGLE conversation, email, anything that you have at work talking about this. Even the smallest, "in passing" comment, you need to document. Keep it to yourself - don't let them know you are doing it. It may come in handy.

Good luck.

so lets see how this plays....

tennesee is an will state we can terminate at any time

i was preggers and sick and missed a lot of work and they told me tennesse was an at will state and the could termminate me without cause.

the prosecution rests.

guilty....how much did you want again?

 

[Mr. P]

not really....all she has to do is file....they will settle

That's true but...Don't bet on it...I've seen many "AT will" firings...It costs big bucks to fight it, so most people don't.

 

[manu1959]

That's true but...Don't bet on it...I've seen many "AT will" firings...It costs big bucks to fight it, so most people don't.

true ..... but i have never seen a preggers woman lose nor have i seen one go to trial ..... they all settle

 

[Said1]

So far, in the last 6 weeks, I have left work about 4 times, due to my morning sickness just not letting up. I am constantly running to the bathroom at work, tired all the time, and nauseated to the point i don't even want to eat. I have to eat, so i force myself to, but it is hard.

Anyway, this all counts against my attendance. I have been trying my best to work AT work, but I spend 75% of my time either willing myself not to run to the restroom again, nod off at my desk, etc. I am not getting much done. This is really hurting our area because we are 1 person short due to a promotion, so we are already behind. I am really no good to my co-workers, being there, but not really able to commit 100% of my efforts. But I can't keep missing work, either.

I stayed home today because I was up all night-literally, also with a low-grade fever. This is VERY dangerous, as anything above 100deg, I have to get myself to the ER asap. Thankfully, it has gone down, with tylenol, rest, and liquids. My OB suspects food poisoning, as I have talked with her today. Baby should be fine, as it would only affect me, and as long as I made sure my fever didn't go past 100.

I am wondering if anyone knows if I have any federal protection from being fired because I am pregnant, and morning sickness is a legitimate symptom? I tried looking the info up on the dept of labor site, but it doesn't give any specifics, and my boss has told me I should research this. Personally, I think she should know some of this, but whatever.

That really sucks, I was in the same position while pregnant with my daughter. Thankfully medication helped and everything cleared up after awhile.

Good luck.

 

[Mr. P]

true ..... but i have never seen a preggers woman lose nor have i seen one go to trial ..... they all settle

Here's the deal...The Company would have to be stupid enough to say, "We're firing you because you're Preg". Then she has a case, but that ain't gonna happen..

 

[no1tovote4]

Here's the deal...The Company would have to be stupid enough to say, "We're firing you because you're Preg". Then she has a case, but that ain't gonna happen..

The only thing they have on her is attendance, and the only problems have been due to pregnancy. This one would be pretty open and shut. The company would lose pretty quickly.

The only problem would be that if you won recompense for lost wages you would have to pay tax on that portion of the lawsuit win, even if the attorneys took a portion of it as well for their fees. However the punitive would be tax-free as well as the liability.

 

[GotZoom]

so lets see how this plays....

tennesee is an will state we can terminate at any time

i was preggers and sick and missed a lot of work and they told me tennesse was an at will state and the could termminate me without cause.

the prosecution rests.

guilty....how much did you want again?

Wrong. You are preggers and sick and miss a lot of work. Your absences are excessive and documented. Once you reach an excessive (our discretion, more than 3) absences, you are placed on probabtion. This is documented and explained to you that if you should miss another 3 days due to any reason, doctor's excuse or not, you will be terminated. We hired you to fill a position and when you are not here, your work does not get done. We can't conduct business this way. We never mention the word pregnant in any conversation or documentation.

On your third absence during your probationary period, you are terminated. Case goes to the labor board. Documentation is presented.

We win.

Goes to court with lawyers. Same as with labor board. Termination due to unsatisfactory attendance.

We win.

 

[Mr. P]

The only thing they have on her is attendance, and the only problems have been due to pregnancy. This one would be pretty open and shut. The company would lose pretty quickly.

The only problem would be that if you won recompense for lost wages you would have to pay tax on that portion of the lawsuit win, even if the attorneys took a portion of it as well for their fees. However the punitive would be tax-free as well as the liability.

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