pregnant discrimination

[monkey01]

What is the name of your state (only U.S. law)? michigan


I have been working for this chiropractor since 8-11-09 as an independent contractor. Everything was fine until I told my boss in early september that I was pregnant. Since then, I have been harrassed and stressed from my boss and his wife. I get phone calls telling me to take days off work for sometimes no reason at all, or because they want to "review my work". Last week Tuesday night, I got into a car accident and almost totaled my car. AAA had to take pictures of it before it was fixed so I had to wait until monday this week to fix it. Since I had no transportation and I live an hour away, I was unable to work and had called and talked to them about it and I let them know I would be back this week (I came back Tuesday). The day I came back I got my first warning letter because I was late for work a few times due to car troubles and once because of school. However, when I was going to be late, I ALWAYS called ahead of time and let them know I was going to be late and when I was going to make it there. One time I missed a client because she had left before I got there and another time I was late for her appointment, but was still able to give her the full one hour massage she was signed up for since there were no clients after her. Tuesday when I came back, I found out that they had went and hired a new girl while I was out from the accident (she started on monday). They have been giving her my clients and when my clients asked where I was they did not give them any reasons (I heard this from clients). Also on that warning letter, it stated I used their computers for personal use. This was a false statement and so on the bottom of the letter I noted that I did not do this and that the only 2 times I used the computer was for a flyer that the chiropractor approved me to make for them to bring in more clients, and the second time was to type up a letter for them to edit that my DHS worker needed from them stating how much I get paid (the only reason I typed it up for them is because they are extremely busy and when I had asked them to fax something in the past for my worker stating that I worked there it took them almost 2 weeks to do it.. and this certain letter that I typed was the thing holding me back from receiving food stamps so that I can feed my family, and after this letter was sent i still had to wait 30 days so I needed it done within those couple days.) Now after I did the letter I told the chiropractor about it and he said to give it to his wife because she handles that and he is too busy. I called his wife to tell her about it and why it was so important and she said it was fine and to leave it up front for her. I even told the girls that work in the front about it and they said they would make sure she picked it up. After I wrote my note at the end of the letter, It said I needed to sign it and date it so I did. Wednesday morning my bosses wife called my mom and told her to let me know not to come into work for the rest of the week and did not state any reasons. When I called her on friday to ask her about it, she stated that she was mad about me not coming to work the following week after my car accident and that I should have taken the bus to get there and back because "I made them lose money". I told her that I lost money too and that it wasnt like I called off just to call off there was no way for me to get there and I live an hour away (I live in the country area too so we do not have buses by my house). She also mentioned the lateness and I explained to her about why I was late and that I had only missed a client 1 time and late 1 time (which was false on the letter because she said ALWAYS, she is not even in the office when I come in, she only works in the morning and I work in the afternoon). This was again my first warning letter and first talk about it. She told me I can come in on saturday, so I went in and she was there, I was 15 minutes early for work too. She said hello and not too long after she had left. On saturdays I work from 10 until 1 so at 1 when I was about to leave, the girls said she left me another letter. I opened it only to find once again another complaint about my lateness and the computer use, that I just told her that tuesday! (I only worked tuesday and then saturday so I did not understand why she sent me another letter about it.). Then she stated that because of the note I left her on the other letter, I must not understand that I can be fired. My whole thought was I am not going to sign anything this is written falsely. She also stated that she is going to send me a bill for the use of their computer to type out the letter to my worker for them to sign and fax and that she was going to bill me because I made a few copies of about 5 pages out of a book a client left for me to look at to help me with my wedding I am planning. The funny thing is that when I made those copies the chiropractor had asked me what I was doing in the front and I told him and he said oh ok that is fine. So why do they all of a sudden want to bill me for this? It did not state how much the bill was for, but I do not believe I should have to pay them anything. They owe me about $2,000 in money I earned from working that I still have not received. The girls also told me that he allows clients to make copies and does not charge them, and I have been his client before so why is he charging me? and for 5 copies, are you kidding me?I believe all this stuff they are writing me is for a deeper reason because when I did tell them I was pregnant, that whole week they kept asking me if I was still able to work and kept sharing with me that they dont know if i can work. Also when I first started working there I talked to the girls up front about children and the one girl said if she ever got pregnant that he would fire her because he doesnt want anyone pregnant working there and that he wouldnt like that. The last thing this second letter said that they are cutting my hours to one day a week instead of me working 6 days a week. I believe they are trying to avoid a lawsuit by cutting my hours and trying to get me to quit. I am getting stressed from all this stuff they are pulling and all this harrassment from them by phone and by letters is taking a toll on me, I am not feeling as well and my mood has gone down a lot. I am worried that they are causing harm to me and my baby emotionally and physically. Do I have a lawsuit? What should I do about this? Also, will the girls get in trouble with them if they stand up for me as witnesses?

[You Are Guilty]

http://en.wikipedia.org/wiki/Paragraph

[pattytx]

Originally Posted by You Are Guilty

http://en.wikipedia.org/wiki/Paragraph

BWHAHAHAH!!!!!

[cyjeff]

I read the first few lines.

You have worked there 2 or 3 months and have already taken an unscheduled WEEK off because of a car accident. You have been repeatedly late to the point where paying customers have gotten tired of your delay and left.

You have not worked there long enough for job protection... even if they had enough employees.

I don't see a legal recourse here.

[TinkerBelleLuvr]

She's not even an employee. She is a sub-contractor. She is NOT afforded any protections as an employee.

[commentator]

In skimming this post, it sounds very much like this chiropractor is trying to call you a contractor, which does, incidentally, do away with any rights, privileges or protection by the law that employees are provided. But it sounds also as though he is trying to treat you as an employee, enforcing attendance policies, supervising your work, giving you time off and on at his whim. So what I think I would do is stop working for the man, and speak with your state department of labor about contract employees. In other words, file for unemployment insurance, and when they tell you that you have no wages because you are a contract employee, say that you want to appeal this decision because you did not meet the definition of a contractor, that you should have been classified as a regular employee.

Though it sounds as though they were trying to make you a regular employee and call you a contractor, you were NOT a good employee. Lateness and absences, regardless of personal problems, use of company equipment "just for my wedding things" and lots of the stuff you are talking about here would get you fired from anywhere you were a regular employee. So frankly, you are about out of luck. If you are going to pursue a career as a massage therapist and a private contractor, you should familiarize yourself with the rules governing private contractors and their responsibilities. One thing that becomes clear in this post is that you don't need to be a company of one continuing at your present pace of performance, because you're not going to make much of a living for yourself and your child if you are this improvident about your job responsibilities.