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Is this discrimination?

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S

StressedOutInPA

Guest
What is the name of your state? PA
I'll try the short version. I worked for company for almost five years (recieved raises, job promotions, letters of praise from other superviser , etc...). I got pregnant in February 2001, signed up for FMLA as told to do by HR director and was granted FMLA. In April I had complications , in part because of something that had happend at work that caused an injury and was out for a week. While I was out the HR director called and said "if you like your job you will get back to work" and "if I were already missing work due to my pregnancy THEY would be in for a long year". I called an attorney who we will say worked for Smith, Smith and Henry. I spoke to Doe (an associate) and told him exactly what was said and relayed my concerne that they were attempting to terminate me on the basis of my pregnancy. Doe has since left that firm. I did not hire Doe but simply asked for legal advise. I returned to work and was systematically written up. I was written up in April for something a superviser said even though I had witnesses that said I was with them at the time in question I also pointed out to my boss that he was with me when this incident supposably happend but nothing was done.
Then in June I was written up, this time for attendance. I had dr's excuses for all but one incident (my Grandfather's funeral, which they had a funeral policy that included Grandparents which entitled employee's to time off but for some reason they wouldn't allow me take time off). All other time off was pregnancy related issues covered by FMLA (which only consisted of two occasions aside from the week in April). I decided to contact the DOL and see if what they did was legal. At that point I was told by the DOL rep that it wasn't legal and to file a complaint which I did on June 27, 2001. Based on what he said the company I worked for was going to find out anyhow so I told my boss I had spoken to the DOL and was considering filing a complaint if the write up was not removed. Three days later the HR director called a meeting with me where I was told I wasn't on FMLA ( I have pay stubs as early as April saying I was on FMLA) and they were going to terminate me within five days if I did not submit a new request for FMLA. She went on to tell me of a "rumor"she hear about me contacting the DOL and that I had no buisness doing such a thing. I told her I filed a complaint and she said I wasn't going to leave her office until I told her who I had spoken to at the DOL. She want the phone number and name of the man I spoke to which I gave to her. I got the FMLA application filled out and returned but they didn't like what my doctor wrote so they said I had two weeks to get it filled out again, "the right way". She also said that "if I chose to continue my behavior that they would contact my doctor and have me put out on FMLA permanantly which means that after three months they would have no obligation to retain me as an employee" (I took this as a threat because I was only five months into my pregnancy and 12 weeks FMLA coverage would only protect my job until the eighth month of pregnancy). They called my doctor the same day and tried to get her to do it but she refused stating that I could still work but due to some pregnancy related problems I would still miss work occasionally. I found out my son (unborn child) had serious birth defects a few days later. With my permission my doctor call my employer to discuss with them that I would continue to work but may require some time off for testing. This was on a Friday. I was called early Monday and told to come to work 30 minutes before my shift to discuss "FMLA issues". When I got there I was fired because of "something a supervisor witnessed" (the same supervisor that got me written up the first time). He said I took an unauthorized break. I was given a termination letter stating why I was terminated. I filed for UC benefits and my employer gave a different reason for my termination. Smoking in a restricted area. Two weeks later they said it was for destruction of company property. About a month after that one they said I quit my job. By this time the DOL was investigating and after a conversation with this supervisor he admitted he had not seen me doing anything wrong.
At the UC hearing the HR director claimed that the reason for my termination was willful misconduct (reason 5). She went on to say she had no knowledge of my child's birth defects before my termination nor did she know that I filed a complaint against them with the DOL before my temination (Both of which are lies. She was told before my termination by my doctor about the defects and I had told her almost two weeks before my termination about the complaint I filed.). She also said that she believed there was nothing wrong with my son and it was just a ploy to gain sympathy. She knew this was a lie because my husband also worked for the same company and had FMLA paperwork filled out and approved by HER six weeks earlier that stated he needed intermitent FMLA to attend all prenatal visits, the specific birth defects my son had, that he (my husband) was needed to attend all office visits (doctors were worried I could show up and find out my child was dead or required immediate surgery and did not want me to show up without emotional support) and that on October 22, 2001 he would need full FMLA leave so we could go to Philidelphia where our son would be born. I won my UC benefits and the DOL ruled that they had violated my rights regaurding FMLA.
1. I am currently going through the EEOC (PHRC) which is investigating my claim of gender discrimination, wrongful termination, and retaliation . Does this sound like wrongful termination, gender discrimination and retaliation and how long does it generally take for an investigation?
2. I am also wondering........ I spoke to a lawyer in early April 2001 and told him I felt they were trying to terminate me because I was pregnant. I didn't hire this firm until a month after my termination which was in July. Since then, the attorney I spoke to left their firm. Can they show records of my initial conversation and can that attorney testify that I did call him concerning this matter? I never hired him. Could he be a witness that I had a conversation with him, and that I told him they were out to fire me a few months before they did? I only ask this because the only people I discussed these matters with were my husband, my mother and a few friends all of which my ex-employer will say have a reason to lie. This attorney has no monetary incentive at this point. I would gladly waive attorney client privilage to have his statement. This attorney knows when I called, what we discussed and has since left their firm. I never paid for the phone call we had, and I never hired him. He represented me at the UC hearing but that only consisted of the facts of my termination. I want to know if he could be an independant witness that there was a conversation about my termination before it happened? In case anyone is wondering, my son had surgery and just turned nine months old a few days ago. If I haven't been clear on anything please ask.
 
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J

joe189

Guest
off time

i need to find out are company is working us extended overtime , We provide security and are contracted to the us government . In the state of tennessee the question i would like to find out is the compnay is and has been maditoring us or are off days . they are coming up with a displinarny policy if we do not come to work . is this legal . we are union members and there is not anything in are contract about this other than how they will pay us if we come .
Thanks Joe
 
A

ahutchGA

Guest
Curious

Stressed,

I read your post about your pregnancy and son. I hope he's doing OK.

My child was also diagnosed in utero with a condition, and he wound up having surgery at 6 mo. old.

When I was pregnant, I was never written up or anything like that, but I was fired after I was put on bedrest. They "revamped my job and I no longer fit the criteria." Got that letter as I was in the hospital. Real nice.

I've definitely been there. Hope you're doing well.

:)
 

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