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FIRED after having baby!?

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lkwright672

Guest
What is the name of your state? Indiana

Hi. I need some help. I was fired as I returned back from a 6 wk maternity leave. I had trained a temp to do my job while on my leave. I worked up until my first signs of labor. I tried calling my boss friday before returning on monday to let him know that I was cleared by my doctor to return to work & will be reporting to work. He never returned my call. As I reported to work, the boss "regrettably" said there were changes & he had to let me go.
I gave up breast feeding due to my return to work. I feel I cheated my child from the future bonding experience I could have continued if I knew there was no job to return to. If there were financial problems in the company, I might understand but the girl that replaced me was the temp I trained, and know for a fact she was paid more than I was while she was a temp. The employer might give the temp a new title making it look like he reorganized the company & "deleted" my job, but the responsibilities were not withdrawn. My responsibilities made up about 90% of his 2 other little companies combined into one corporation. Main company is trucking, the other 2 as a landlord for storage rentals/office rentals & boat slip rentals for the summer. As I know of, there is no "unsatisfactory" reports in my personal file. The company is very small, which is about less than 15 employees. If I have a case, where do I go from here????
Feeling burned & angry in Indiana! Thank you for any help you can give!! :confused:
 


I AM ALWAYS LIABLE

Senior Member
My response:

Sorry, but you've got nothing.

Your employer isn't responsible for the fact that you decided to have a child, and "lost the bonding experience."

Get a new job.

IAAL
 
A

ahutchGA

Guest
IAAL's right, but I sympathize...

Lkwright,

IAAL's right as far as the legal aspects go, but I do sympathize with your situation. Something similar happened to me 3 years ago.

I was hired at 4 months pregnant to be a receptionist for a small consulting co. I was very open about the pregnancy. The boss let me work my dr. appts. around the company's schedule, and I didn't miss a day of work for most of the pregnancy.

Until I went into preterm labor at 34 weeks and was put on bedrest. I spent about 4 weeks on bedrest and delivered via c-section that fall. I had kept my company informed, sent them medical documentation, etc.

Well, while in the hospital, my husband brought me our mail. The company sent me a letter, telling me my job had been eliminated because they were re-evaluating the position and I no longer met the criteria.

It definitely threw me for a loop. We consulted with an attorney, who told me that I didn't have a case, unfortunately, since the co. had less than 15 employees.

Just because it's (barely) legal, doesn't mean it's right!
:)

Good luck to you.
 
S

sonofamoo

Guest
go to your doctor today they have meds that will increase/start milk production and maybe you can get that bonding experience back.
 
S

susan m.

Guest
Are these answers right????

I live in Connecticut and was told that when you left on a maturnity leave the company did not have to hold your job open for you but DID HAVE TO OFFER YOU A JOB. This happened to me. When I left on my maturnity leave they filled my job and I was to be promoted to a secretarial position. The only problem is that the manager had been fired. The only job available was as a file clerk. Have the laws changed or is it the difference in geographical locations?
 

I AM ALWAYS LIABLE

Senior Member
My response:

You're talking about certain protections "during" pregnancy. And, even then, there are ways to fire a pregnant employee.

But, that's not the issue here. The issue here is that you left on maternity leave, and you weren't invited back. You already gave birth, and for whatever reason; e.g. perhaps due to your job performance, or because the "temp" did the job better, they didn't want you back.

But, once you have your child, that's it. You're entitled to nothing more than any other employee.

IAAL
 

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