Post # 31
He JUST hired her…I would agree with you if she had been there for months or years…she has been there THREE WEEKS…and again, this is a DENTIST’S office – 1. People are there on scheduled appointments 2. She is working in people’s mouths – I think it is unreasonable to expect people to wait, mid cleaning while someone goes and pukes their brains out…
It is unfortunate, no doubt, but people need to look at BOTH sides of this situation
Post # 32
ct2015 : I’m not sure I understand how the length of time she’s been working for him matters here– as far as I know, you can’t legally fire someone for being pregnant regardless of their tenure, and she’s still able to work. Again, could be wrong here, the law is the law and he should have found another way to handle it– of course it’s not easy for him, but there’s not much he can legally do about it.
ETA: Maybe I missed it, but I didn’t see anywhere in OP’s post that she’s a dental hygienist, she could very well be an office manager and nowhere near patients’ mouths.
Post # 33
ct2015 : In this specific situation (as in the others I mentioned) the law is that he must accomodate her. Therefore he can temporarily change her job duties so that she isn’t holding up patients if she needs a 5 minute puke break. Or he can hire a temp to assist. Both of those are cheaper options than getting sued. And it really does not sound as if she is incapable of performing her duties – he just doesn’t like that she needs a couple of extra bathroom breaks.
I was a hiring manager for a small company and that decision was made directly with the business owner. And it didn’t take any convincing because he had the same view as I do.
I did vote for Bernie. And it’s not free shit – it’s raising my taxes so that we can better take care of our society as a whole. Kind of the same reason I donate to charity. Sorry for not being a heartless, self-serving capitalist who gets rich by pushing other people into poverty.
Post # 34
ct2015 : this is very much about laws… what was done is illagal so that MAKES this a law issue
you dont HAVE to agree with the law but you DO have to follow it
Post # 35
I haven’t been in this situation nor do I really have any advice. But starting out working as a kid at the low paying jobs- they had the three month probabtion period. Where they could let you go for no reason. Not sure if that applies here but maybe that’s what his logic is. I don’t know…
I’m sorry this happened OP. It really sucks! Look into your labour laws and maybe contact a lawyer for advice. Hope it all works out for you!
Post # 36
ct2015 : Hmm, OK, it’s not as plain and simple as, he just can’t fire her period under the Pregnancy Discrimination Act. The PDA requires that employers treat a pregnant employee SIMILARLY as another employee who’s NOT pregnant but doing the same thing.
For example if this dentist would’ve up and fired another employee, say a guy, because he was taking unpredictable, not pre-approved 10-minute smoke breaks (or whatever other reason) throughout the workday, then he’ll probably be OK in this situation to show that he did not discriminate. But if he would’ve given that employee a bunch of warnings first, PIP, etc….he’s in trouble in this situation if OP decides to bring a claim.
FWIW from what he said, that he wanted someone here on a more permanent basis, shows that he’s pretty clearly firing her BECAUSE she’s pregnant and he’s assuming she won’t come back after she has the baby (and that’s why he’s assuming she’s NOT here on a long-term basis). Doesn’t look good…..
Post # 37
camenae : but there is also a difference between accomodating and illness and a flaky employee who just randomly disappears during the day.
Post # 38
We’re you under probation? Most new jobs put you under probation for 3 months…he could just say you weren’t working out.
In terms of another job, retail might be a good idea. A lot of places look for temporary staff for the holidays, so you being pregnant probably wouldn’t matter.
Post # 39
mariestar33 : By The Way OP, if you want to go to the EEOC about this, DOL has very strict deadlines on when you have to notify EEOC of a potential claim, when you have to notify the employer in question, etc. I think it’s what like 90 days to notify EEOC of claim and then however many days, 30 maybe? after they render a decision to file an appeal if need be and…
Please do not quote me on any of this. I interviewed with the EEOC years ago in law school and looked into the process very briefly to prepare and OMG it is quite laborious, like when you have to notify whom by when and whether you have to do it by writing, etc. etc. etc. It could even vary from state to state, so you need to act FAST.
Post # 40
ct2015 : I think you are exaggerating so much. Pregnancy is not a disability that prevents her from doing her job. I doubt OP is throwing up so much all the time that it is making her unable to do her work. And I think she is smart enough to brush her teeth. Yes, pregnant women do feel sick more and it might slightly affect their work but not to such extremes. Plus throwing up usually passes after few weeks etc.
Post # 41
I feel for you OP.
A small dental office wth less than 5 employees absolutely suffers from someone taking frequent bathroom/sickness breaks. The doctor can’t just stop what he’s doing if he’s in the middle of a procedure because his assistant runs off to the bathroom. We’re talking about dealing with products that need to stay dry in a wet mouth, products that cure and harden in a set amount of time, not to mention the way that a schedule works. An employee with frequent breaks affects the schedule. It affects the other employees who potentially have to pick up slack. I say this as a hygienist who worked in a small dental practice during a pregnancy. I can certainly sympathize with you but I also know firsthand how it negatively affects the practice.
You also mentioned you went to school for social work and only took this job because it was the first thing you could get. Your ex-boss said he wanted someone long term, maybe he felt that’s the reason you weren’t planning on sticking around. Maybe he decided he didn’t want to go through with training someone just to have them leave. He could easily say that is the reason he let you go, and that it had nothing to do with your pregnancy, especially because he was so enthusiastically supportive when you told him you were expecting. Timing is suspicious though. Either way, I’m sorry you lost your job and hope everything works out for you.
heyoh : I read assistant. If that’s the case she would be front and center with patient care.
Post # 42
prettynewpenny : Ah, ok, definitely missed that then. Thanks for pointing it out!
Post # 43
LilliV : Right, I did acknowledge that the way the employer did this in this situation (after she told them and after they pretty much outright admitted it was because of her pregnancy) does NOT look good for them. Accommodation requirement doesn’t start until the employee notifies the employer of the disability, and under the ADA they are not allowed to ask. So guy taking smoke breaks=fired, and pregnant woman fired for taking breaks before they knew she was pregnant, employer is likely OK.
I know that the situation is different in this case, I just wanted to point out that it’s not like people think that PREGNANT = NOT FIREABLE otherwise discrimination OMG!!!one11!! It’s not that simple. Like I see all the time people say OMG interviewer asked me if I’m married/plan on having kids soon that’s so illegal! But no, it’s not illegal for them to ask. It’s only illegal if they base their decisions on the answer. And that’s why as a CYA most employers just don’t ask. Not because it’s illegal but because they don’t want to muddy up the waters and get sued.
I’m just saying as a lawyer a lot of situations that look open-and-shut usually are not quite so simple, otherwise not many of us would have a job you know?
(I’m a lawyer but I’m not your lawyer and this is not legal advice standard disclaimer etc.)
Post # 44
Horseradish : That is a VERY good point. I just looked up and the ADA (Americans with Disabilities Act) and PDA (Pregnancy Discrimination Act) only applies to employers with 15 employees or more (the owner counts as an employee).
And you are correct it is for exactly the reason that what would be easy for larger businesses to accommodate would be disastrous for a mom and pop. So if there’s only 5 of them in that office, it doesn’t apply.
Btw this same page says that the Obamacare breastfeeding accommodation rule only applies to employers 50 or larger. (Scroll down to the bottom).
Post # 45
mariestar33 : I’m pretty sure in the first 3 months they can fire you for any reason – it’s a trial period to see if you’re right for the company. I understand your employers point of view – they’re going to invest time and money training you, and you’ll be leaving, and not likely to come back. It’s a waste of time and money for them.
At this point I don’t know if many people would be willing to hire you if you tell them you’re pregnant, and even if you don’t tell them, it’s likely going to be obvious in the next 3 months, and then you have the same issues happening again.
Any chance you can get a job working for a relative for the few months until the baby comes? Going back to waitressing would likely be too physically hard… I really don’t know what you could do. I’m hoping someone else has some great answers! Maybe start your own business?