I have a question regarding several points of employment law for which I do not know the answers and do not know where to take my questions. Which brings me to the labour board as my only hope of resolving these problems.
I believe that I have been decimated against as an expectant mother. Below I will list the reasons why:
September 10, 2001 Activator Methods denied me Cobra Coverage stating that they are not required to as they are a small company of less than 21 employees (they have offered it to several employees, Amanda Mayer and Penny Kalschuer, during the three years I was employed by them, these two people were also let go, one after she returned from maternity leave and the other during her pregnancy). They never offered this to me when I was dismissed on July 9 the day I was due to return back to work from maternity leave. This was the date when I was told that my maternity leave plan that I have filed in March was not approved and that my position was not available which is the basis for feeling I have been discriminated against. During my maternity leave they did not pay me accrued time off and holiday pay for Memorial day and Independence day. Activator gave me the same reason as they gave for not offering Cobra Coverage.
The rest of this information are things that I feel are important to be aware of. I filed a maternity leave plan in March 2001 stating my hopes and intentions for my maternity leave as follows: I would take 6 weeks unpaid leave following the birth of my son. I would return to work for four hours/day for the next two weeks and then six hours/day for the two weeks after that and return to eight hours/day following those 4 weeks. I was never told if this was acceptable until I contacted Activator 4 days before I was due to return to work. At that time I was advised by the office manager that it was in my best interest to leave the company and collect unemployment. She asked me to resubmit my leave plan to the owner of the company, who she felt would deny my request and therefore I would have to claim unemployment. My request was denied. I was informed that my position had already been filled by a new employee. It was at this point I made a claim with unemployment. When applying for unemployment I was contacted by DES, who informed me that Activator had stated I left of my own free will and that they had paid me for my accrued time off plus holidays. This statement was later retracted by Activator after a DES investigation and is documented in a letter to me from DES. Because of the time delay, I lost 2 weeks of pay that I was entitled to. I feel that another reason Activator dismissed me is that I was due for a yearly review and pay raise and I was already the highest paid person in my current post of employment having gone from $8.50/hr to $12/hr in the previous two years and gained merits as the #1 sales person on the Activator team.
Becky in AZ
I believe that I have been decimated against as an expectant mother. Below I will list the reasons why:
September 10, 2001 Activator Methods denied me Cobra Coverage stating that they are not required to as they are a small company of less than 21 employees (they have offered it to several employees, Amanda Mayer and Penny Kalschuer, during the three years I was employed by them, these two people were also let go, one after she returned from maternity leave and the other during her pregnancy). They never offered this to me when I was dismissed on July 9 the day I was due to return back to work from maternity leave. This was the date when I was told that my maternity leave plan that I have filed in March was not approved and that my position was not available which is the basis for feeling I have been discriminated against. During my maternity leave they did not pay me accrued time off and holiday pay for Memorial day and Independence day. Activator gave me the same reason as they gave for not offering Cobra Coverage.
The rest of this information are things that I feel are important to be aware of. I filed a maternity leave plan in March 2001 stating my hopes and intentions for my maternity leave as follows: I would take 6 weeks unpaid leave following the birth of my son. I would return to work for four hours/day for the next two weeks and then six hours/day for the two weeks after that and return to eight hours/day following those 4 weeks. I was never told if this was acceptable until I contacted Activator 4 days before I was due to return to work. At that time I was advised by the office manager that it was in my best interest to leave the company and collect unemployment. She asked me to resubmit my leave plan to the owner of the company, who she felt would deny my request and therefore I would have to claim unemployment. My request was denied. I was informed that my position had already been filled by a new employee. It was at this point I made a claim with unemployment. When applying for unemployment I was contacted by DES, who informed me that Activator had stated I left of my own free will and that they had paid me for my accrued time off plus holidays. This statement was later retracted by Activator after a DES investigation and is documented in a letter to me from DES. Because of the time delay, I lost 2 weeks of pay that I was entitled to. I feel that another reason Activator dismissed me is that I was due for a yearly review and pay raise and I was already the highest paid person in my current post of employment having gone from $8.50/hr to $12/hr in the previous two years and gained merits as the #1 sales person on the Activator team.
Becky in AZ