firing a pregnant chick

[Broncojohnny]

Definitely talk to an attorney.

[DaisyDoesDallas]

My suggestion would be to contact an attorney, the first meeting will probably cost you $250 and the attorney will tell you if you have a case or not. If you have a case the attorney will take it based on 20-50% of whatever they expect to win, so no out of money expenses other than maybe the first initial meeting and you may not even have to pay that if the attorney feels you have a strong case. Most of these types of situations don't even make it to court, usually once a company gets served with a lawsuit they will want to settle even if they could win, settling usually costs a company less money than going to court.

Try this attorney he has handled some car accidents for me and can probably tell you over the phone if he is interested in taking your case or who would be better suited for your case or if you don't have one without an upfront charge.

http://www.ronaldegrant.com/

Again just my opinion not an attorney.

[mstng86]

Contact Gearjammer maybe?

[fordracing19]

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?

We have to pay back every bit that was paid out.

[V8tt]

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!

You are wrong on most of what you posted. At any given time I have 10-13 employees and I can fire them WITH CAUSE and without documentation at anytime. It is GOOD to have documentation when TWC sends you some papers in the mail, but it is not required. I have justified a couple of firings to TWC and gotten benefits denied to the claimant.

And 'you're fired or We have to lay you off in Texas they have the same result' isn't true either. Getting fired will ALMOST always get you denied unemployement/Cobra subsidy benefits. Getting layed off will most likely/will get those benefits approved if you qualify.

I think (if we are getting ALL of the info) this guy's wife may have a legal claim. Will she get fat paid..probably not. Tort laws say that a person has to show some sort of monetary loss and/or hardship due to the defendants actions to justify being paid a large sum of cash. What the OP CAN hope for is that a threat of a lawsuit (i.e. costs to the employer through lawyers, employees having to miss work to testify, subpoenas, etc etc) should be good enough to win an out of court settlement. Companies HATE being tied up legally.

Case in point: When my wife was pregnant she took FMLA about 2 months early due to severe hyperemesis. When she tried to return to work after my son was born, she was told that her position had been done away with. When questioned further, she was told that she was actually being fired because of performance issues, etc etc. They also stated that they had documentation and such. None of it being true. We sought a lawyer and the company ended up settling with us out of court.

Our situation is much different than yours but what I am getting at is this: I believe that you guys are young (could be wrong, but I have a feeling). The company thinks you won't pursue anything with this in part because of that. Plus, they are hoping that with the coming birth of your child and the recent firing/layoff of your wife you will be focused on having the baby/finding another source of income. I say you have nothing to lose. Call a lawyer. What is the worse he is going to tell you? Sorry guys, you don't have a legitimate claim?

I am NOT a lawyer and everyone's situation is different. I know in a case like this I wouldn't listen to a bunch of people on a car forum board where a third of the people are retarded, a third are chamillionaires, and the other third are actually here for auto related stuff (I don't know where Reggie Stout fits into these categories).

Call a lawyer. Some will take the case and only get paid if you win. If nothing else dude, try to get the company to pay for COBRA for a year or so. Good luck to you and if you want my lawyer's number PM me.

[lowthreeohz]

I like the part about her receiving unemployment so she can stay home and take care of a baby that obviously can't be afforded.

[stinginstang]

Maybe you should just contact the eeoc and let them handle it for free.

http://www.eeoc.gov/laws/types/pregnancy.cfm

Pregnancy Discrimination
Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

Pregnancy Discrimination & Work Situations
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.

Pregnancy Discrimination & Temporary Disability
If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her the same as any other temporarily disabled employee. For example, the employer may have to provide modified tasks, alternative assignments, disability leave or unpaid leave.

Pregnancy Discrimination & Harassment
It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Pregnancy & Workplace Laws
Pregnant employees may have additional rights under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor. For example, The Wage and Hour Division released a fact sheet - Break Time for Nursing Mothers under the FLSA . For more information on FMLA, contact the nearest office of the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division can be reached at:

202-693-0051 (voice),
202-693-7755 (TTY), or
US Department of Labor - Wage and Hour Division


Pregnancy, Maternity & Parental Leave
Under Federal law, if an employee is temporarily unable to perform her job due to pregnancy or childbirth, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled due to pregnancy to do the same.

If an employer provides personal leave for other reasons, e.g., to take courses or other training, then the employer must grant personal leave for care of a new child.

An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires its employees to submit a doctor's statement concerning their ability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.

Further, under the Family and Medical Leave Act (FMLA) of 1993, a new parent (including foster and adoptive parents) may be eligible for 12 weeks of leave (unpaid or paid if the employee has earned or accrued it) that may be used for care of the new child. To be eligible, the employee must have worked for the employer for 12 months prior to taking the leave and the employer must have a specified number of employees.

[Racewerx]

Context here is way out of control.

[robert]

If the thought of hiring an Attorney scares you or her
Try finding a friend, Neighbor or relative who might have some
HR background and sit down and explain everything, hopefully a
very good seasoned HR person can provide some good advise.

[MutherjuggZ]

well up until she told them she was pregnant they always told her she was doing a good job, she went $100,000 above her selling budget last year and at the beginning of this month after her telling them that she was pregnant they told her she had to be at a certain percent or they would can her, and since she didnt make it they let her go today

she was never given a write up or anything like that for any reason

If that's truly the case, then she has grounds for lodging a complaint / suit.


There could be SO MUCH MORE to her termination than you're aware of though. Attitude, punctuality, errors & omissions, etc. A good employer will make the discipline of indiscretions by other employees invisible, until such time that the last option is termination. I'm willing to bet she was less than stellar if she had her ass handed to her pregnant.

[Sean88gt]

I see monies in your future.

[Racewerx]

You are wrong on most of what you posted. At any given time I have 10-13 employees and I can fire them WITH CAUSE and without documentation at anytime. It is GOOD to have documentation when TWC sends you some papers in the mail, but it is not required. I have justified a couple of firings to TWC and gotten benefits denied to the claimant.

And 'you're fired or We have to lay you off in Texas they have the same result' isn't true either. Getting fired will ALMOST always get you denied unemployement/Cobra subsidy benefits. Getting layed off will most likely/will get those benefits approved if you qualify.

I think (if we are getting ALL of the info) this guy's wife may have a legal claim. Will she get fat paid..probably not. Tort laws say that a person has to show some sort of monetary loss and/or hardship due to the defendants actions to justify being paid a large sum of cash. What the OP CAN hope for is that a threat of a lawsuit (i.e. costs to the employer through lawyers, employees having to miss work to testify, subpoenas, etc etc) should be good enough to win an out of court settlement. Companies HATE being tied up legally.

Case in point: When my wife was pregnant she took FMLA about 2 months early due to severe hyperemesis. When she tried to return to work after my son was born, she was told that her position had been done away with. When questioned further, she was told that she was actually being fired because of performance issues, etc etc. They also stated that they had documentation and such. None of it being true. We sought a lawyer and the company ended up settling with us out of court.

Our situation is much different than yours but what I am getting at is this: I believe that you guys are young (could be wrong, but I have a feeling). The company thinks you won't pursue anything with this in part because of that. Plus, they are hoping that with the coming birth of your child and the recent firing/layoff of your wife you will be focused on having the baby/finding another source of income. I say you have nothing to lose. Call a lawyer. What is the worse he is going to tell you? Sorry guys, you don't have a legitimate claim?

I am NOT a lawyer and everyone's situation is different. I know in a case like this I wouldn't listen to a bunch of people on a car forum board where a third of the people are retarded, a third are chamillionaires, and the other third are actually here for auto related stuff (I don't know where Reggie Stout fits into these categories).

Call a lawyer. Some will take the case and only get paid if you win. If nothing else dude, try to get the company to pay for COBRA for a year or so. Good luck to you and if you want my lawyer's number PM me.

I don't know what makes you think I am wrong. It is a fact that with out documentation a terminated employee is eligible for benefits and that would be determined at the hearing with TWC. Whether or not the employee receives benefits depends on the decision of the administrator and even that can go to appeals. As far you doing terms without documentation that seems very reckless to me but that is between you and your employer. Remember "eligible" means you mayreceive not that you will.

[MutherjuggZ]

I don't know what makes you think I am wrong. It is a fact that with out documentation a terminated employee is eligible for benefits and that would be determined at the hearing with TWC. Whether or not the employee receives benefits depends on the decision of the administrator and even that can go to appeals. As far you doing terms without documentation that seems very reckless to me but that is between you and your employer. Remember "eligible" means you mayreceive not that you will.

You're absolutely correct


Texas is a "right to work" state meaning you don't HAVE to document or have reason to fire someone, but if you don't have documentation and good cause they WILL get unemployment


The down side to this for her is.... once she has the baby she can't collect for those weeks since she was physically unable to search / start work.

[Racewerx]

You're absolutely correct


Texas is a "right to work" state meaning you don't HAVE to document or have reason to fire someone, but if you don't have documentation and good cause they WILL get unemployment


The down side to this for her is.... once she has the baby she can't collect for those weeks since she was physically unable to search / start work.

Yep! this young lady needs to develop some relationships fast and move forward to protect her interest hopefully in the same industry.

[fredfarmer]

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

I know that if you can go to your employer and get a copy of your file from HR, but you have to put the request in writing. (I have done it) I do not know if you can do this if you are no longer employed by the company.

If you can get the file/documents, that might tell you and a lawyer if this is a case worth messing with.