(Closed) I told my new employer I was pregnant and now I'm jobless…

posted 3 years ago in Pregnancy
Post # 46
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1024 posts
Bumble bee
  • Wedding: July 2016

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mishybear :  +1  this is what I originally said

Post # 47
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9426 posts
Buzzing Beekeeper
  • Wedding: July 2016

Just popping in to say.. I agree with everyone.  Which is funny, I know, as people disagree.

But basically, I see both sides.  On the one hand, I see the dentists’ POV–he is worried that you’re going to need to take maternity leave, at the very least, and that you may not return.  Also, you can’t do all the duties required (X-rays and whatnot).  All this means he has to hire a second person and train them, to do the other portion of your duties while you’re pregnant and then to take over while you’re gone.  I get wanting to just have one person the entire time.

I also see bees POV who are upset because this is illegal–I myself reacted by thinking “ASSHOLE!” when I read the post.  But, as @Horseradish and a few others who then fact checked Horseradish found out: it’s not illegal since its such a small business.  If it were illegal, I’d be telling you to lawyer up and go after his law-breaking ass and make him pay for being such a callous jerk.  But it’s not, so all you can really do is let it go and look for another job. 

I’m really sorry OP: it’s really terrible that this happened to you.  It’s not fair that because morning sickness hit you a little stronger than others your cover was blown and you lost your job while 3 months pregnant.  I really feel for you and truly hope you find something. 🙁  

 

Post # 48
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1124 posts
Bumble bee
  • Wedding: June 2014

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mishybear :  there are limitations to employment at will. Discrimination is a big limitation. You can’t fire anyone based on skin color regardless the length of employment. Pregnancy has the same protection as skin color. You can not refuse employment based on pregnancy. You can’t. That’s the law.

 

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ct2015 :  I’m sympathetic to the business owner. Particularly when it comes to maternity leave. Losing an asset is a huge expense. Even if the employer does not offer paid leave, filling that void is expensive. That being said, the business owner is required to follow the law. She’s pregnant, she doesn’t have tuberculosis. And while it sounds gross that she vomited 5 minutes before a client, she is not a danger to anyone. It’s nothing brushing/mouthwash wouldn’t fix. I bet 75% of the customer base would understand a 5 minute wait for a pregnant woman. Most customers have either been through it or their significant others have. The other 25% are jerks who would complain regardless. The law is in place to protect a women in the workplace. Human labor is the largest expense on the income statement because they not only require a salary, but also accommodations and training. But they are the Greatest asset to a business. Owning a business is expensive. 

 

To the OP, the very least you should do is report this to the EEOC. I would also involve an attorney. What he did was VERY illegal… and stupid I might add. The fact that he specified your pregnancy as reason for termination shows that he is not competent to run a business.

Post # 49
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2180 posts
Buzzing bee

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LilliV :  I think the irony here is that a “heartless, self-serving capitalist” would understand that if a business owner can’t afford to follow the law regarding a pregnant employee, then they can’t afford the cost of doing business ¯\_(ツ)_/¯ survival of the fittest, etc. 

OP please check out the Department of Labor’s site for your state’s protections for pregnant/nursing workers. My personal experience with my state is that they don’t fuck around with enforcing labor laws. 

Post # 50
Member
264 posts
Helper bee

People are so quick to sue. In your situation, is it really worth the legal fees? Is it worth the stress that you will take on while going through this lawsuit?

IMO, No. You are pregnant. Focus that energy in finding another job.

Post # 51
Member
5214 posts
Bee Keeper

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mariestar33 :  I would call a lawyer to see if you can get a free case evaluation to see if it is worth it to sue or at least file a complaint of some sort to the Department of Labor or EEOC or if you can even just ask them for a letter to be written to at least scare the crap out of them at the very least. I really hate to keep hearing stories about this. This is horrible, I am so sorry to hear about this. UGH.

Post # 52
Member
1703 posts
Bumble bee

I would also keep in mind – while it may or may not be legal, word travels when you sue people…that may prove more difficult to find employement than being pregnant…

 

Post # 53
Member
1537 posts
Bumble bee
  • Wedding: September 2015

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beignetwife :  I don’t think it’s true, at least not in the U.S., that pregnancy has the same protection as skin color.  Instead, pregnancy has the same protection as a DISABILITY.  Skin color is not a disability.  Skin color doesn’t affect one’s ability to do the job, and pregnancy potentially does.  

I posted earlier in the thread that the ADA and PDA (which are the laws that people in the U.S. are generally talking about when they talk about pregnancy discrimination being illegal) only apply to employers of a certain size, in this case, 15 employees or more and yes the boss does count as an employee.  If they’re mom and pop smaller than 15 though, no they still can’t discriminate against someone due to skin color, but seems like they are free to do whatever they want due to pregnancy and other disabilities.

https://www.eeoc.gov/eeoc/publications/pregnancy_factsheet.cfm

 

Post # 54
Member
443 posts
Helper bee
  • Wedding: February 2015

I read about half the comments here.  And I know the op is going to have a baby.  But, she did say she was on the job less than 3 months.  That means she was still on her 90 day probation period.  I’m sure the employer is thinking he is within his legal right.  I am not familiar with laws concerning this.  But, I do think this is worth checking into.

Post # 55
Member
2145 posts
Buzzing bee
  • Wedding: July 2017

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luckyinlove311 :  dont know about america but here its ‘no win, no fee’ so it only cost anything if you win the case and the cost comes from the otherside on top of what they pay you

Post # 56
Member
8748 posts
Bumble Beekeeper

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btob17 :  here in the US it depends on the case and the lawyer. In her situation she would definitely want to find a good lawyer who takes her case on contingency. 

Post # 57
Member
8748 posts
Bumble Beekeeper

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ct2015 :  I mean….the reverse of that is word travels when you treat your employees poorly and you lose out on talent. 

Post # 58
Member
9717 posts
Buzzing Beekeeper
  • Wedding: August 2012

First off, that’s super shitty.

However, I don’t think it’s worth pursuing legally. He will probably just say you were terminated based on the fact that you were taking too many breaks, which is true.

Post # 59
Member
1703 posts
Bumble bee

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LilliV :  

In the US, the employment rate is pretty high…I don’t think there is a shortage of talent…I do however think there is an abundance of people that have an over inflated opinion of their own self worth.

Post # 60
Member
1024 posts
Bumble bee
  • Wedding: July 2016

I’m curious where OP is after 4 pages of comments?

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