Can an employer force you to resign? Should I see a lawyer?
I've already asked this question, however most of my answers were derogatory instead of helpful so I am going to rephrase it. I am pregnant. My due date is August 20th. I was hired by my employer on Feb. 23rd of this year. I was pregnant when I was hired. HR, my supervisors, and everyone above my supervisors were completely aware that I was pregnant. When hired, I was assured that my pregnancy would not be a problem. A few weeks ago, I was called into the HR office to discuss my request for maternity leave that I submitted in accordance to company policy. During my meeting with HR, I was informed that it is company policy not to grant time off for any reason unless the employee has been with the company for more than six months. I will not have been with my employer for six months until August 23rd. I was advised that I would have to resign if I go into labor before the 23rd and reapply for the position. There is no guarentee I will be rehired for the same position. I am willing to work up until I go into labor. I am worried, though, that I will not make it until the 23rd because I am already experiencing mild contractions. My Doctor has predicted that I will go into labor before the end of this week. A few of my co-workers have suggested that I see a lawyer about the situation, since I have enough vacation and sick time to take up to 2 weeks off. My co-workers believe that I should be able to use the time I have accumulated if I need to go out early and have my maternity leave begin only after my time has been used up. (I asked HR if this was possible. The response was no.) My question, well questions, are : 1. Should I see a lawyer? (Do you think it is worth a try?) 2. If it is determined that no legal action can be taken, should I resign with the hopes that I will be rehired, or should I force them to fire me at which time I would be able to draw unemployment?
(Side Note: I would appreciate if you only answered the question and did not try to make smart comments. I apologize if my grammer and/or spelling is not up to your standards, but be advised I do have a BA. Also, when you are 38 weeks pregnant and worried/stressed about losing your job, your grammatical and spelling skills are the last thing you are thinking about. By the way, things that would normally not bother me, like people who would rather comment on how my question is being asked instead of answering my question, bother me now because throughout my entire pregnancy I have been extremely emotional. I have even found myself crying at commercials. (Sad, I know.) And no, I have not broken down emotionally at work or even missed one day due to my pregnancy. I did miss half a day for a funeral, other than that there has been no absences or tardies. I have not been under any type of displinary action.)
Thanks so much for the suggestions. I did not realize that lawyers would do free consultations. I've never had to see one before or even the inside of a courtroom. I'm pretty naive when it comes to anything legal. I also appreciate everyone being nice. When I posted previousily, I was so upset I began to cry, which just made it seem so much worse.
Also, it is not just maternity leave it is any leave. If the baby holds out until the 24th, then they will grant my leave and give me unpaid time off. I'm not trying to get paid for any of it and I am willing to work up until I go into labor. I just need a job to come back to.
- 1 decade agoBest Answer
I agree with Alice. Call an attorney that specializes in Labor law (no pun intended :) and talk to them. They do free consultations all the time. They won't take the case unless it looks promising - so no loss on your end. I also agree that you should make as many notes as possible now (dates, times, names, etc) of the events that have occured. Remember as much detail as possible and think of who also might have been in the room and heard it as well. Maybe it's somewhere in your employee file (ask if you can see it) where they made notes at your interview about your being pregnant) BTW, they don't, by law, have to let you see it - maybe they'll slip and let you. Make as many copies as you can before they ask for it back. Try not to worry so much, dear. You'll be fine. I wouldn't quit, though. God Bless...
- ms_attentionLv 61 decade ago
I'm not quite sure if seeing a lawyer in this case would be helpful, but it's certainly worth a shot. You aren't eligible for Maternity Leave because you have not been there for the required length of time, so I do not believe they are required to hold your job or your job position. That's just how it goes sometimes - I know that's not very fair. Is it possible that you can use your vacation time for when you have the baby, and come back to work after you have used it up? If not, then I'm not sure what you can do in this situation. Not trying to be mean here, but you should have all of this covered before you took the job offer. I know they said that you're pregnancy would not be a problem, but there's always more to the business then what people just say, trust me I know. Good luck to you!! ♥
- 1 decade ago
Do you have a union, or a "fair wage" board that you can contact to discuss using the annual leave payments.
I honestly don't know if you do have a case. If you haven't worked the time, then you aren't eligible for maternity leave which sucks. I don't know if your leave can be used to push you over the time frame whichis what you need to determine.
The other things I would consider are:
Is it really worth fighting. I know it may be unfair but will you really want to work there if you've had to get legal input to keep your job. They could make things very hard for you.
If they are this unwilling to be flexible now, are they going to be any good to work with if you have a sick child and need to take time off for that?
As for what other people have to say about your questions... try not to worry about them. People are so quick to judge, especially when the anonymity of the internet protects them.
Good luck. I hope you can work something out
- milletLv 43 years ago
Like yet another answerer spoke back - until your buddy was once a member of a union, he would not speak to a union attorney. An employment lawyer is a further topic. It depends upon his agreement, and whether or not he works in an 'at will' employment state. He can assess Dept. of Labor & Industries within the state wherein he labored, after which seek advice with an lawyer. Most lawyers will assist you to speak to them for a unfastened session, to look in case you have a well case or no longer. He can assess the neighborhood bar arrangement for referrals to an lawyer.
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- I_love_my_pupLv 41 decade ago
only got thorugh th ebeginning of this, but, if you are not allowed maternity leave because you haven't been there 6 months, you sohuld still be allowed to use vacation time... and then, unpaid time off.
there is a law against discrimination against pregannt women. that should protect you from getting fired. Get a lawyer if you want to fight it.
being in the hospital giving labor is no different (to them) than the guy who called in sick with a cold. so, use up sick time, vacation time, then unpaid leave. you may also qualify for short term disability leave, given that recovering from labor can take a few weeks, and can prevent you from working (thus, considered "disabling").
I would not resign. I made that mistake with my company. big mistake. I regret it now. I can't get unemployment. let them fire you if it comes to that, at least then you'lll get unemployment, and you can find another job, since you probably don't want to keep working there anyways, given how big of a jerk these people are.Source(s): me, 23 weeks preggie
- 1 decade ago
If you are fired or quit, you will not be elligible for unemployment.
Because you have not worked for the company for more than 1250 hours (1 year) FMLA doesn't apply and they are within their legal right to let you go at any time for missing work. They do not have to let you go to appointments and they do not have to allow you to take a materinty leave.
If your company has a policy saying you only have to be there 6 months, then they are legally within their right to let you go any time before that if you miss work. Even one day. A lawyer would do no good if you were to need to go on leave before that date.
- Anonymous1 decade ago
I would call a lawyer... or get in contact with your local labour board to see what your rights are... also get every interaction with HR in writing.