Advice Needed: Very Long (sorry)

[LoveDisney!!!]

Can I just say this looks like they're trying to get rid of you because you're pregnant and they don't want to have to keep you. I would file a complaint with your local labor department immediately. This looks like classic discrimination. Has this EVER come up before?

That's what everyone keeps telling me.

I am waiting to file a complaint until I am officially fired (I'm still praying that they keep me on).

To my knowledge, they have never done anything like this. There are several of us pregnant right now and no one else has issues (that I know of). Of course, they don't work on the loan side, so they still have steady work each day.

 

[LoveDisney!!!]

A few questions.

- Have you been able to correct your timesheets through e-mail in the past? Were others? (If they allowed you to correct your timesheets in the past this way and are willing to terminate you without even giving you a chance to correct the issue through a warning, then they are sending conflicting messages.)

Yes. It has never been an issue before. It is known that if (for whatever reason) we didn't clock in or out, then all we needed to do was send an email to correct it.

- What does you handbook say about progressive discipline? Is there a policy about correcting timesheets?

According to the handbook, usually we are given a warning, then probation, then termination. I think it does say that we can be terminated at any time. I can't verify this right now, because the handbook is at work. I do have a friend that can get me the info though. There is no official policy on correcting the timesheets.

- Do you know if any other employees are being disciplined for the same infraction? Do you know if employees are still able to correct their timesheets this way? (If no other employees are being investigated for this and they are still allowed to correct their timesheets through e-mail, why are you being singled out? The obvious thing that sets you apart seems to be your pregnancy, which is protected under Title VII. You might have a case of pregnancy discrimination.)

To my knowledge no one else has ever gotten in trouble for this. Unless they just sent a memo yesterday, everyone is still allowed to email corrections.


I am not disputing that I did incorrectly email a clock out time. I fully admitted it and said that it was a mistake. I said that I did ask to use a sick day for that day, so (to me) it was clear that I made a mistake. Any time there had been a questionable time, I was asked about it (see my first post regarding 12/28 and 12/31). They didn't question me at all until yesterday (and that's when I even found out I typed a 4 instead of a 9.

 

[N.Bailey]

Do you have anything you can use to substantiate that you did in fact ask for a sick day? It should be obvious to anyone that if you'd worked till 4:30 that day there is no way that you'd ever be able to get paid for a sick day too.

 

[momof2inPA]

If you had only made one time sheet mistake, I would say to fight it, but you have made two. I think they have a strong enough case to fire you, but I hope that doesn't happen. Buy the COBRA if they do and if you can, just in case something happens during delivery.

 

[DisneyfeverTN]

If they fire you, and you believe it was due to your pregnancy and not you're mistakes, then I think you can file a complaint with the EEOC. That would be discrimination.

http://www.eeoc.gov/types/pregnancy.html

The most important thing is to write down all the facts. Have any other employees made the same or similar mistakes? The fact that you asked to use a partial sick day helps justify the fact that you made a mistake. I know our company would not fire someone for making a mistake or two on their time. We have fired employees when they knowingly altered their time.

If they just used your mistakes as an excuse to fire you because you are pregnant, that is discrimination and it is illegal.

 

[N.Bailey]

If they fire you, and you believe it was due to your pregnancy and not you're mistakes, then I think you can file a complaint with the EEOC. That would be discrimination.

http://www.eeoc.gov/types/pregnancy.html

The most important thing is to write down all the facts. Have any other employees made the same or similar mistakes? The fact that you asked to use a partial sick day helps justify the fact that you made a mistake. I know our company would not fire someone for making a mistake or two on their time. We have fired employees when they knowingly altered their time.

If they just used your mistakes as an excuse to fire you because you are pregnant, that is discrimination and it is illegal.

From reading the thread, it doesn't appear that she's being fired necessarily because she's pregnant. It seems more like business is slow and they might be trying to downsize without having to give her any type of benefits at all. That's my take anyway.

 

[CEDmom]

First off I can't imagine working some place where they keep such track of your comings and goings. But I guess it is what it is.

The best you can do is get your dr to put you out on leave ASAP. From what I understand at least here in NJ you cannot be fired if you're out on a medical leave. Of course they'll likely fire you the moment you walk back into the office but at least your medical will be covered until after the baby is born.

Best of luck to you.

 

[Squishypig]

From reading the thread, it doesn't appear that she's being fired necessarily because she's pregnant. It seems more like business is slow and they might be trying to downsize without having to give her any type of benefits at all. That's my take anyway.

Usually when companies downsize they downsize by multiple employees, not just one. Second, if they were only downsizing the OP they should just say that they are downsizing not picking an arbitrary infraction to justify a termination. If they are currently allowing other employees to correct their timesheets in the same way as the OP without penalty, they are pretty much giving her a green light to go to the EEOC and file a discrimination charge against them.

Unless there is something else going on, these people are idiots. Especially that HR "professional" who should know that they are walking on thin legal ice. Great, you saved the company $3,500 by denying a pregnant woman her benefits but it ended up costing $120,000 in legal fees, time, effort punitive and compensatory damages from a discrimination lawsuit. Good job!

 

[cheerful chickadee]

I'm not sure of all the employment business but if I were you I'd get to social services ASAP and get emergency medicaid for your remaining OB appts, delivery and for the baby.

 

[bumbershoot]

From reading the thread, it doesn't appear that she's being fired necessarily because she's pregnant. It seems more like business is slow and they might be trying to downsize without having to give her any type of benefits at all. That's my take anyway.

BUT. Is this forgetfulness and confusion over dates and times because of her pregnancy?

Believe me, I'm not normally into the whole "I'm protected b/c I'm pregnant" thing. I watched person after person get away with *everything* at one of my jobs just b/c they were pregnant, and it made me livid.

But then I experienced such exhaustion during pregnancy that I kept wanting to GET a job, but I wouldn't have even been able to stay awake during the interview, let alone have the energy to get through a workday. And I could understand why my one friend would ask me to wake her up in 10 minutes, put her head down on my desk, and take a catnap, and how impossible it was for her to stay awake, and why she made sure that our boss knew it was b/c of her pregnancy.

So if you're not normally this forgetful, and if it's b/c you're pregnant and these are some of the effects, then I'd look into that route of protecting yourself.

 

[Amii]

I was fired 2 weeks before my due date when I was pregnant with my first son. I was due on October 31 and the owner of the company told me he did not want to pay my health insurance for November since I was having a baby and would be able to take leave. He told me on the 16th that the 19th was my last day.

I applied for unemployment and they disputed it and said I quit! I filed a dispute and ended up winning because the owner and his wife kept saying that pregnant women should not be working and I needed to be at home in bed anyway when we met at the unemployment office.

I was young and never contacted a lawyer. I think you should consult one though.

 

[DISUNC]

The best you can do is get your dr to put you out on leave ASAP. From what I understand at least here in NJ you cannot be fired if you're out on a medical leave. Of course they'll likely fire you the moment you walk back into the office but at least your medical will be covered until after the baby is born.

Best of luck to you.

BUT they can lay you off in NJ when you are pregnant! I work for a co. that laid off every pregnant co-worker.

OP

You have some sound advise above, EEOC, lawyers etc!

Good luck with everything!

 

[ameraumi]

Do you have enough people at work to qualify for FMLA? If the dr puts you off work and you qualify for FMLA that might help protect your job for time being.

But I agree, you should contact a lawyer just to talk things over with someone.

 

[BuzznBelle'smom]

I guess I have a slightly different take than most people. You've only been working there since June...you've made some time card mistakes (which you've owned up to, I get that)...your job has slowed considerably. I don't know that you can scream discrimination. I don't know that they're handling this the best way possible, but it look slike they're looking at your smaller work load, coupled with your short time with the company, and thinking it's best to let you go. Especially because you had several time card errors in a fairly short period of time. I can understand how that could happen, but coupled with your errors a few months ago that resulted in probation, you may look worse "on paper" than you realize.

Sorry, not trying to be mean or anything. Just trying to line up the facts from the employer's point of view. I think a legal claim would be tough going, costly and time consuming and may not result in the outcome you desire.

I suggest you find a way to pay your COBRA. Any other type of insurance is going to exclude a "pre-existing condition" such as pregnancy.

 

[Tinkerbelle'sMOM]

Where I work we clock in and out (I work at a hospital). If we forget to clock in or out 6 times they will fire us. The reason is that people can this way falsify their records by leaving very eary or getting in late....and claiming that they were on time. Not saying that is what you did, but to HR, this is what it will look like. If your handbook says after probation you can be fired, then they can. Also, if your state is an at-will employer state, they can fire you for looking at them the wrong way. You may want to contact a labor lawyer to see if you have a leg to stand on, but most of the time, time card errors are considered serious.

I'm sorry this is happening to you now, but you need to find coverage in case they get rid of you so that your delivery is covered.

 

[LoveDisney!!!]

Do you have anything you can use to substantiate that you did in fact ask for a sick day? It should be obvious to anyone that if you'd worked till 4:30 that day there is no way that you'd ever be able to get paid for a sick day too.

Yes. They aren't debating I asked for a sick day at all.

If you had only made one time sheet mistake, I would say to fight it, but you have made two. I think they have a strong enough case to fire you, but I hope that doesn't happen. Buy the COBRA if they do and if you can, just in case something happens during delivery.

I only made one mistake. The other was a miscommunication; however, it was clear from the emails what I meant.

The best you can do is get your dr to put you out on leave ASAP. From what I understand at least here in NJ you cannot be fired if you're out on a medical leave. Of course they'll likely fire you the moment you walk back into the office but at least your medical will be covered until after the baby is born.

Best of luck to you.

I just found out that even if I am put on leave, I can still be fired. They can't fire me for taking leave, but they can fire me for ther reasons.

I guess I have a slightly different take than most people. You've only been working there since June...you've made some time card mistakes (which you've owned up to, I get that)...your job has slowed considerably. I don't know that you can scream discrimination. I don't know that they're handling this the best way possible, but it look slike they're looking at your smaller work load, coupled with your short time with the company, and thinking it's best to let you go. Especially because you had several time card errors in a fairly short period of time. I can understand how that could happen, but coupled with your errors a few months ago that resulted in probation, you may look worse "on paper" than you realize.


I suggest you find a way to pay your COBRA. Any other type of insurance is going to exclude a "pre-existing condition" such as pregnancy.

I have been there for almost three years (started June 2005).

I can't afford COBRA at all, since I have ZERO income right now.