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My (pregnant) wife was fired for "attendance issues" after having to go to ER...

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IndyWithChild

Junior Member
My (pregnant) wife was fired for "attendance issues" after having to go to ER...

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

A massive corporate *Mart fired my wife earlier this morning. She's 8 weeks pregnant, and on this past Monday the 23rd, she was advised by her doctor via phone (she had called with concerns) to go to the Emergency Room to get a fluid IV going immediately. So she finished some work duties and went to the ER. She then went into work the next day, Tuesday, to make up hours. Tuesdays are a day off for her normally. They said she had attendance issues, but the only times she has ever missed work has been doctor related with appropriate notes for her managers.

She is now without insurance, and adding her to my work policy will cost nearly $400/month, on top of all the other bills and now with just one income, this just isn't possible. We're so lost and distraught, no idea what to do and literally no money for legal counsel.
 
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cbg

I'm a Northern Girl
Need some information.

How long has she worked for this employer?
Do they know that she is pregnant?
Did she ask permission to leave on Monday and if so, was permission granted?
Never mind right now whether any absences were medically based or not. How many absences are we talking about?
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? Indiana

A massive corporate *Mart fired my wife earlier this morning. She's 8 weeks pregnant, and on this past Monday the 23rd, she was advised by her doctor via phone (she had called with concerns) to go to the Emergency Room to get a fluid IV going immediately. So she finished some work duties and went to the ER. She then went into work the next day, Tuesday, to make up hours. Tuesdays are a day off for her normally. They said she had attendance issues, but the only times she has ever missed work has been doctor related with appropriate notes for her managers.

She is now without insurance, and adding her to my work policy will cost nearly $400/month, on top of all the other bills and now with just one income, this just isn't possible. We're so lost and distraught, no idea what to do and literally no money for legal counsel.
From the Indiana Dept of Labor: http://iot.custhelp.com/app/answers/detail/a_id/617

And: http://www.in.gov/dol/2784.htm

And here's info on filing for unemployment: http://www.in.gov/dwd/2334.htm
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Indiana

A massive corporate *Mart fired my wife earlier this morning. She's 8 weeks pregnant, and on this past Monday the 23rd, she was advised by her doctor via phone (she had called with concerns) to go to the Emergency Room to get a fluid IV going immediately. So she finished some work duties and went to the ER. She then went into work the next day, Tuesday, to make up hours. Tuesdays are a day off for her normally. They said she had attendance issues, but the only times she has ever missed work has been doctor related with appropriate notes for her managers.

She is now without insurance, and adding her to my work policy will cost nearly $400/month, on top of all the other bills and now with just one income, this just isn't possible. We're so lost and distraught, no idea what to do and literally no money for legal counsel.

If she has excessive absences, no amount of doctors notes will protect her.

Hang around though for the more knowledgeable folk stop by.
 

IndyWithChild

Junior Member
Need some information.

How long has she worked for this employer?
Do they know that she is pregnant?
Did she ask permission to leave on Monday and if so, was permission granted?
Never mind right now whether any absences were medically based or not. How many absences are we talking about?
I've texted her to ask, I'll follow up with the answers. I know for sure she has been with the company for 3 years or so, and at this particular store for over a year. yes they knew she was pregnant.
 

Silverplum

Senior Member
I've texted her to ask, I'll follow up with the answers. I know for sure she has been with the company for 3 years or so, and at this particular store for over a year. yes they knew she was pregnant.
This is a good reason as to why we really prefer to deal with the person who has the problem, herself. Other parties never have all of the necessary information.

But do post again when you get the information.
 

IndyWithChild

Junior Member
This is a good reason as to why we really prefer to deal with the person who has the problem, herself. Other parties never have all of the necessary information.

But do post again when you get the information.
sorry, she's more than a little stressed and with it being a high risk pregnancy we're trying to limit her stress as much as possible. she's resting now, but I'll pass along anything i can to her or you.

She was with the company 3 years, 2.5 at this store location. A total of 5 missed shifts and tardy 2 times. I know you said it didn't matter but yes, they were all doctor/illness related. Minor surgery for a pilonidal cyst, bronchitis once or twice, a gallbladder removal, etc. Friday (just before the missed Monday) she had to go in late, approved, for blood tests.

Monday's ER visit wasn't approved or denied. She told her department manager and the highest manage there that day (store co-manager) what the doctor said and that she needed to get to the ER. They told her "be safe, go on". I would consider that approved, as did she, but without a formal "yes you can, here's a signed paper" I don't know legally what that would be.
 

commentator

Senior Member
She needs to file immediately for unemployment insurance. IN NO WAY should she restrict her hours, or her availability for work due to pregnancy. But being off work with a doctor's note, due to an illness or condition such as pregnancy is pretty much approvable FOR UNEMPLOYMENT PURPOSES. As long as she had an excuse for the last absence, the one she was fired for having, and she followed the accepted procedure for calling out to inform the company she was going to be off, she's going to be in pretty good shape. Unemployment tends to figure that no matter how much trouble she's in for attendance issues, she could not have avoided an illness sufficient to be under a doctor's care.

But that has nothing to do with the legality or illegality of her firing, which will be determined later. Unemployment insurance is what she needs to do immediately. She will be asked if she has received prior warnings, and did she know her job might be in jeopardy if she was out this last time, and she should answer all these questions thoroughly. She needs to set aside the "we're so stressed out" and "what will we do for insurance?" worries and issues because those are things that happen no matter what goes on later, but they're the realities of losing a job. She has to deal with them, and now.

If she really did have lots of absences and issues, it may be okay for the company to terminate her. Let her answer all the questions, let others here talk to you about FMLA and that possibility. But first and foremost, she needs to file a claim for unemployment insurance. This will help with income, and will bring out the reasons why the company felt it was okay to terminate her. But there's no downside to filing. As I said, she needs to be able, available and actively seeking other work, or she will not be approved. Unemployment is not designed to be disability insurance she can sit on while pregnant. She'll have to make job searches and do everything it takes to be approved.

Fortunately insurances cannot refuse to enroll you because of pre-existing conditions such as pregnancy these days. So perhaps she can get on your insurance, or can find some health insurance to cover her now. I'm sure COBRA would be terribly expensive to carry on with.
 
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IndyWithChild

Junior Member
She needs to file immediately for unemployment insurance.
(**SNIP**)
I'm sure COBRA would be terribly expensive to carry on with.
I appreciate you (and everyone) taking the time to reply to this. I know this situation happens countless times a day all over the country, but that doesn't make it any less devastating.

She has already filed for unemployment. The company has 21 days to dispute it before a default judgement in her favor. She had every intention of working for as long as her pregnancy allowed, so I hope no one thinks we're trying to use it as disability. To keep her current insurance plan via COBRA would be $590/month. We were paying a premium of just $130/month for hers previously through the company. Adding her to mine is $343/month, and we're looking into state funded programs for pregnant woman and of course the new healthcare marketplace. The pre-existing condition rules with the ACA are a godsend. Such an ass backward healthcare/finance situation, but that's more political than anyone here wants to dive into I'm sure :)

I fully expect the company to deny or challenge the unemployment, as I know that's what we do at our office. The company only counts the last 6 months in their attendance policy, and she had 3 doctor related/endorsed absences in that time and 1 tardy (last Friday for the blood work). No idea if we'd win an appeal or if that's even an option, but like you said it doesn't hurt to apply.

Not exactly how I thought we'd be starting our family out :(
 

cbg

I'm a Northern Girl
The company CANNOT deny unemployment. They can contest, but only the state has the power to deny (or grant).

She might find it worth her while to discuss her situation with the US DOL with regards to a potential FMLA violation.
 

commentator

Senior Member
Right. The company would refuse all claims if they had the power, because former employees being approved for unemployment causes their rate of taxation to go up.
I was not saying she would try to use it as disability, just that in order to be approved she should be very careful to avoid saying there are any restrictions on her availability, or that she is not able to work, as that would keep her from drawing benefits.

It is usually pretty difficult to find another job while pregnant, because it just is, the prospective employer knows they're looking at at least a few weeks of time off for the new employee, will tend to find other reasons not to hire someone who's pregnant. I know, I know, this is actually sort of
illegal discrimination, but good luck getting the interviewing companies to incriminate themselves by saying this is the reason....

But though it will take longer because your wife's employer fights the claim, even if she did have issues with attendance, what I said still goes. If her last event of missing work was done with a doctor's statement and she called in or arranged the leave in an a appropriate manner, the employment office will look at the absence as something she could not avoid. If she was ill enough to see a doctor, then she could not avoid this and save her job, as a general statement regarding unemployment policy. As I said, her approval chances are very good.

Yes, if the claim were to be denied, and she appeals it, or (more likely) the claim is approved and the company appeals it, she has a very good chance of prevailing. All she has to do is say, "I was too sick to work. I was told by my doctor to go to the hospital....." and present the doctor's excuse she has available for this. Even though it may take several weeks for the claim to be approved under these circumstances, if she makes her weekly or bi weekly certifications as instructed and has registered for work as directed, she would eventually be back paid for each of these weeks, when/if the claim is approved.

Once this unemployment situation is in progress, she does need to follow up on the FMLA aspect of this firing. Whether you ask for it or not, they are actually supposed to give employees, under qualifying circumstances, 12 weeks of FMLA during a year. Doesn't sound as though she got this. Had she possibly already used FMLA?
 

ajkroy

Member
Was your wife full-time? The number of hours she worked in the past year will make a difference for FMLA.

ACA's rules on pre-existing conditions wouldn't affect her unless she is planning to go more than two months without insurance, which is not a good choice during pregnancy. $343/mo for a family plan (which you will need once children arrive anyway) sounds like a viable option, depending on the coverage.
 

cbg

I'm a Northern Girl
I have employees who pay considerably more than $343 for family coverage and my employer covers a larger percentage than most. $343 is not a bad deal. I know it's costly - I understand that can be a big chunk of your paycheck. But it's not bad.

A word of warning. You have only 30 days from the day her old coverage ended (which may or may not be the last day of employment) to add her to your coverage, and if you miss that 30 day window you will have no further opportunity to add her until your company's open enrollment period. Don't spend too much time looking into other options -if you find a better deal through the health care exchanges and you've already added her to your coverage, gaining new coverage is a qualifying event to drop her from yours.

FYI, long before the ACA, HIPAA prohibited employer sponsored insurance from considering pregnancy a pre-existing condition. The ACA did a great job in providing protection to individuals with chronic conditions, IMO, but pregnancy has had that protection for 20 years or so.
 

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