firing a pregnant chick

[Saleen781]

sales organizations do this all of the time, thinning the herd. it's a shitty thing to do, especially to a prego.

[talisman]

Doesnt sound like they are firing her because she is pregnant at all. I personally dont think this is a case in which you can win. We live in Texas. They have a legitimate reason which they let her go and thats all they need. You and your lawyer will have to fabricate some proof to show they fired her because she is pregnant.

Dont know why Robert thinks you need a lawyer.

Businesses are struggling. If someone cant perform, why keep them on the books?

With all due respect Tim, there are the laws and then there is how well they are enforced. If her goals were arbitrairily and outrageously raised and she is preggo, she certainly has a potentially huge case against them, especially if there is no paper trail history. It's all about the grey areas, and there are tons of them in unemployment and wrongful termination. I deal with this constantly, and have yet to ever have a single person win a claim against me or my company. Much if it is common sense, and common sense says you don't fuck around with a preggo employee and fire her unless she is grossly not doing her job.

[Ruffdaddy]

This is one of those times where you have to sit her down and make sure there isn't more to the story. Then if she truly was wrongfully terminated, look into legal action. You may also want to know of any documents she had signed making her contractually liable to meet monthly goals.

[ceyko]

1. I've read plenty of situations where in at will or whatever states - companies lost big time for being dip shits about their policies.

2. In your case, especially sales I don't think you'll have a case. I would argue that in a strong market a specific sales person can perform, but he/she is not a strong enough hunter in a weak market.

3. I'd ride the unemployment train if you can and use that money for COBRA if you do not have insurance on your side. Don't employers get stuck with some of the unemployment bill?

4. I'll caveat all of this with....

a) I'm just being straightforward and have no ill will to you or your family. Just in sales it is way to easy to let people go - especially when they don't meet targets or forecasts. I'd just calm her down for her health and the baby's and move on.

b) If anything is written or at least witnessed - it would be a new ball game.

c) If you can find a decent attorney that'll look at the case for free - it may not hurt. Although, I'd be cautious of any that wants to drive forward. It may cost you more in stress, health, money and the baby's health they you'd ever get in cash. (the lawyer may get paid though)

[cad424]

I love the legal experts on this site.

[stinginstang]

have they terminated other sales people in the same fashion?

[ceyko]

I love the legal experts on this site.

Don't have to be a legal expert to have seen a bunch of shit over the years.

[cad424]

Don't have to be a legal expert to have seen a bunch of shit over the years.

I wasn't referring to you.

I'm always amazed at the people that cite Texas as being an "at-will" state and thus propose that employees have no protections or legal recourse against wrongful termination.

Conversely, I'm equally amazed at the people that alway recommend hiring an attorney as if some great miscarriage of justice has occurred base upon a quick synopsis on DFWM.

[bonnie&clyde]

1. I've read plenty of situations where in at will or whatever states - companies lost big time for being dip shits about their policies.

2. In your case, especially sales I don't think you'll have a case. I would argue that in a strong market a specific sales person can perform, but he/she is not a strong enough hunter in a weak market.

3. I'd ride the unemployment train if you can and use that money for COBRA if you do not have insurance on your side. Don't employers get stuck with some of the unemployment bill?

4. I'll caveat all of this with....

a) I'm just being straightforward and have no ill will to you or your family. Just in sales it is way to easy to let people go - especially when they don't meet targets or forecasts. I'd just calm her down for her health and the baby's and move on.

b) If anything is written or at least witnessed - it would be a new ball game.

c) If you can find a decent attorney that'll look at the case for free - it may not hurt. Although, I'd be cautious of any that wants to drive forward. It may cost you more in stress, health, money and the baby's health they you'd ever get in cash. (the lawyer may get paid though)

2) everyone in the sales department is struggling, nobody made their monthly goals this months

3) thats what we plan on doing, she is on her way to the unemployment office and medicaid office as we speak, the company said they would not fight her on the unemployment claim.. this was a shitty company and i would not want to work their the way they do things. she was not happy and atleast now she can look for another job after the baby is born

c) we dont plan on fighting it, it would take too much money and probably lose anyways

[stinginstang]

2) everyone in the sales department is struggling, nobody made their monthly goals this months

that would be a problem for them. She was obviously treated different than the rest.

[bonnie&clyde]

what really gets me is that it was only the begining of Feb and they were already talking about firing her if she didnt meat her budget even tho they just raised it after doing soo good last year

[Juiced4v]

I have done it before! No law against it as long as you have proper documentaion ect on why....

[Racewerx]

Look at it this way. "you're fired" or "We have to lay you off" in Texas they have the same result. Termination without documentation the employee is eligible for unemployment. As for legal pursuit for damages forget about it.
Pregnancy has nothing to do with legal status unless your Boss knocked you up!

[jluv]

If she can prove that others missed their goals as much and as bad as she did, and she was the only one canned, then she may have a case. They way you tell it, it sounds like they tried to be sly and the real reason is because she is pregnant. But they may have more info to back up their reasoning that we haven't heard.

[jluv]

Look at it this way. "you're fired" or "We have to lay you off" in Texas they have the same result.

They are vastly different when it comes to her next job application.