(Closed) Company setting me up to be fired now that I am preggo?

posted 7 years ago in Babies
Post # 3
Member
1987 posts
Buzzing bee
  • Wedding: June 2012

Could you go to HR and have the review evaluated?

Post # 4
Member
753 posts
Busy bee
  • Wedding: October 2011

I am sorry that you are going through this! I am sure that it doesn’t make your pregnancy any less stressful!

Make sure you are keeping track of everything that you do.  Any overtime you put in at home.  Keep track of your projects, deadlines, and when you submitted them.  Your records need to be pristine.

Post # 5
Member
753 posts
Busy bee
  • Wedding: October 2011

Also (along the lines of the PP HR idea), did you sign your review or did you contest it? Don’t sign saying you agree with it.

Post # 6
Member
1263 posts
Bumble bee
  • Wedding: September 2009

DISCLAIMER – this is NOT legal advice.

It sounds a bit concerning and you could be on to something.

If I were you I would prepare a detailed memorandum regarding your view of your performance (and citing to specific examples of how you have met expectations) and request that it be placed in your employment file immediately.   Make sure to keep a copy. 

If they terminate you, you should call your local administrative agency/discrimination office.  For example, Massachusetts has the MCAD (Massachusetts Commission Against Discrimination).  They can give you advice/help you file a claim if you are ever wrongfully terminated.

Post # 7
Member
6015 posts
Bee Keeper
  • Wedding: March 2012

Did you say any of this to your boss?  The parts where you log in at nights and weekends to make sure nothing is left hanging?  If not is there a way to reschedule a meeting with him and go over some concrete examples?  I agree w/PP about going to HR too.  As long as you had dr.’s notes for all the time missed and are using sick time I think they’d have a hard time getting rid of you.

Post # 8
Member
7587 posts
Bumble Beekeeper
  • Wedding: December 2010

@ams12: Please protect yourself and file FMLA paperwork. They would be silly to fire you when you pregnant regardless. You could sue and you would win if they did. Just to be safe though it’s impossible to fire someone on FMLA. It protects you to no end. Hurry! and get it done! 

Post # 9
Member
6661 posts
Bee Keeper
  • Wedding: May 2010

It sounds like your boss is just removing pregnancy from teh equation while evaluating you, which is actually a fair thing to do. You mentioned your commute is really long and you’ve been sick for most of the last 5 months, I think any boss would have issues with an employee like that.

Maybe if your company were doing better and the belt wasn’t so tight, he would overlook your lack in performance (or attendence) because of the fact that you’re pregnant. But they probably can’t afford to have anyone slacking off right now for any reason, and they are perfectly justified to be that way. You are hired to perform a job a certain way and if you aren’t doing it up to par then they can fire you, pregnant or not.

ETA: If I am wrong and the pregnancy has not affected yoru performace, do what the PP’s are saying and document EVERYTHING. Because if they do fire you, you can come back and sue to be rehired or compensated for wrongful termination, but only if you can prove that your performance was up to par teh entire time.

Post # 11
Member
6009 posts
Bee Keeper
  • Wedding: May 2009

Definitely check with HR.  Many companies have policies that allow employees to respond to their review or request that the review be evaluated.  Your HR department will be able to advise you as to company policies that apply in your case.  I would also bring up with your HR rep that you have had exemplary reviews up to this point, and that, if your performance is lacking, you would like to negotiate a work improvement plan with specific examples of how you can improve your work prodcution.

Also, just to clear up some facts, you cannot be fired while on FMLA leave for your absences.  However, you can absolutely be fired while on FMLA for poor performance (e.g. mistakes in your work, lower productivity, etc…).  If you were fired, and they could prove that the termination was a result of your work performance and NOT your absences, you would not have much in terms of recourse.

ETA:  Ok, now that I read your second post, I would absolutely write up a response to his review before you leave for vacation.  Send a copy to your boss, the director, and the HR person you spoke with yesterday.  Do you know what your company policies are in regards to requesting work improvement plans or documenting poor performance?  If this is the first documentation you’re aware of for poor performance, and you’ve never been given specific guidance in how to improve, mention that in your response.

Post # 13
Member
6009 posts
Bee Keeper
  • Wedding: May 2009

@ams12:  What did he say was the real issue with that example?  It could be a performance issue if he cited something like not asking for guidance in tasks, poor production/messy work output, etc… 

Post # 15
Member
6009 posts
Bee Keeper
  • Wedding: May 2009

@ams12:  It does seem suspicious that he was citing that as an example of your poor performance, when you automatically corrected the issue as soon as you became aware of it.

I’m not sure what format your reviews are in, I’m assuming it’s wrriten, but I would go line by line of what your boss wrote to write your memo.  Respond to every instance he cited as poor performance.  Don’t make excuses, but explain the situation (e.g. I corrected the page numbers as soon as you requested and resubmitted the project for your approval within 30 minutes).  It’s definitely fishy, and absolutely something you need to address before you leave today.

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