Working, Pregnant and Interviewing

[MDLies]

State of Michigan

I am 9 months pregnant and plan to return to work after maternity leave. My current employer will not provide benefits upon my return because I only plan to work part-time.

I interviewed with a "big" company that offers benefits to part-time employees. During the interview process, I signed a document stating that they cannot contact my current employer. We also discussed this verbally. I expressed my concern about losing my benefits (income and insurance) if my current employer found out. They agreed that they would not contact my current employer.

They offered me a position that would be available after I complete my maternity leave. They gave me a week to consider their offer. During the week, my boss tells me that they have been informed that I accepted a position at the "big" company. I have not accepted any offer.

Questions:
1. Did the "big" company violate any laws?
2. Since I am an "at-will" employee, can my current employer fire me a week before my maternity leave? Would I lose my short-term disablity pay? Would I lose my insurance?
3. If I do accept the new position, am I obligated to put in my two-week notice at my current employer?
4. If I do want the new position, should I request the new employer pay for my lost wages and lost insurance?

Thanks for any input!

-Prego in Michigan

 

[cbg]

1.) No. What's more, you have no way of knowing if the "big company" actually did contact your current employer. There are other ways for your employer to find out what happened, besides their calling him. But if they did, that is not unlawful.

2.) You cannot be fired BECAUSE you are taking maternity leave, but you CAN be fired if your boss gets upset that you are looking for work elsewhere. Whether you would lose your STD benefits depends on the policy, which we have not read; whether you would lose your insurance depends on both your policy and whether or not you choose to elect COBRA.

3.) No.

4.) Only if you want to lose the new job, too.

 

[Beth3]

Ditto to what cbg said and I just have to add in response to your question "If I do want the new position, should I request the new employer pay for my lost wages and lost insurance?" Huh???

Why on earth would you think the new employer would be liable or even consider paying you for anything prior to your beginning employment with them??? As cbg said, that would be an excellent way for them to decide to pull the job offer.

 

[hexeliebe]

Why on earth would you think the new employer would be liable or even consider paying you for anything prior to your beginning employment with them???

It's the hormones...

 

[MDLies]

Why?

"Why on earth would you think the new employer would be liable or even consider paying you for anything prior to your beginning employment with them???"

First, I had read elsewhere on this site that it was legally wrong that they contacted my current employer.

http://employment-law.freeadvice.com/hiring/zzzz.htm

Secondly, the HR rep from the "big" company and myself both agreed that it would be best to wait until after the maternity leave to notify my current employer. That way my benefits would not be jepordized. I wouldn't want to be fired a week before I give birth and lose my income and my insurance.

It wasn't the HR person who contacted my current employer. It was just a "chance" meeting between two bigwigs.

The bottom line is that I was a little upset when my current employer found out. Also, I think that the HR person should notified that this happened. I just find it ironic that the whole purpose of finding a new job was to retain benefits and that this interview process may potentially jepordize my benefitss and thousands of dollars out of my pocket.

Obviouslly I wouldn't plan on making demands of the new employer if I want to start off on the right foot, but likewise I don't want to hold a grudge against them.

 

[Beth3]

Two exec's casually meeting and one happening to mention to the other that they'd hired you does not provide the basis to make a legal claim against either, at least in this situation. Obviously it would have been better had nothing been said but frankly, in my experience, exec's are notorious loose about "people" information. Which is why when I tell my CEO something I don't want to get around, I make sure I say KEEP THIS TO YOURSELF so it's imbedded in his mind. Apparently the HR person at the hiring employer hasn't learned this yet.

It also appears your current employer hasn't terminated you or indicated you won't be receiving whatever benefits you otherwise would, so hopefully all will be well.

 

[cbg]

There are a number of things posted on this website which are not entirely accurate. At least some of the FAQ's on this site are correct for California, but not for the other 49 states.

In SOME circumstances, you MIGHT be able to make a claim when a current employer is contacted by a prospective employer. This, however, is not one of those circumstances.