Wrongful Termination???

[LSTACY25]

What is the name of your state (only U.S. law)? TX
Well I am 7 months pregnant. Two weeks ago I asked my boss if she could have someone to help me file the bottom file cabinets because i was having trouble getting down there. At first, she was like, how can you be having trouble bending? SHe said that she didnt have problems like that 25 yrs ago. I told her no 2 pregnancies are alike. Well the next day, we had a private setting together and she told me that she would file, and it was no problem. Well two weeks later, she told me that wanted me to get a doctors note stating that i was not able to bend. This was a Friday. When that Monday rolled around I called my doctor and she said that she she wanted to evaluated me since she hasnt seen me in a month and she didnt have an opening that day. I told my boss and the next day she terminated me. SHe said there are a lot more things she needed me to do around the office that I cant do right now and that she was sorry. I didnt qualify for FMLA because I havent been permanent for year. Been theee 14 months but permanent for 10 months.

 

[las365]

Does the company have more than 15 employees?

 

[LSTACY25]

wrongful termination??

Yes, they have way more than 15!!

 

[las365]

You should contact an experienced employment law attorney in your area for a consultation. Where are you in Texas?

Have you filed for unemployment? Do that, and also file a complaint with the Texas Workforce Commission Civil Rights Division, and with the EEOC. But if I were you, I would see a lawyer first.

 

[LSTACY25]

I'm on it! I contacted a lawyer, but they wanted me to file a complaint with the EEOC first.
And yes, I have files for unemployment!! Thanks

 

[ecmst12]

You don't have to have been permanent for a year but you do have to have worked directly for the company for a year (for FMLA). So if you were considered a temp but your paychecks still came from the same place, you qualify as long as you have worked at least 1250 hours over the past 12 months. However if you were working for a temp agency before and were hired directly by the company 10 months ago, then you don't.

I don't think there's a very strong case for pregnancy discrimination, personally. She was fired because her activities are limited due to temporary disability - which is legal, when FMLA does not apply. Unless she can show that other employees with a temporary disability, who had been employed for less then a year, were given more accomodations thens he was, I don't see a case there. But talking to a lawyer is free (if it's not, for this situation, keep looking!)

 

[LSTACY25]

So you are saying that they are not required to accommodate me while pregnant?

 

[ecmst12]

They are required to treat you the same as they treat any other employee with a temporary disability. If you don't qualify for FMLA, they are not required to hold your job or provide any accomodations if a medical condition prevents you from working. If you had a PERMANENT disability, they might be required to accomodate it (depending on the circumstances). But pregnancy and other temporary conditions do not fall under the ADA.

 

[LSTACY25]

So treat me the same as any other temporary disable person who has been there less than a year. Ok then. Thanks

 

[LSTACY25]

Ok, since you said that. There was another employee, also less than year, that was allowed to take leave because of a surgery. And also was given her one weeks paid vacation in advance. To me, that falls in the same category. But what do I know. I'm going to go ahead and see this to the end.

 

[ecmst12]

Well, that adds to your case, if another non-pregnant employee was given accomodation that you were not. It's still not a sure thing, but I'd say that makes it worth it to talk to the lawyer.