Wrongful Termination?

[geeroy]

My wife was fired today. On Thursday she left work because she was having cramps and spotting (she is 8 weeks pregnant). She was told to take it easy and the doctor wrote her a note stating just that. She returned to work and informed them of the situation. She was being evaluated by the Corp. office and recieved a perfect evaluation. She told the supervisor she was leaving and the manager demanded to see the Dr.'s note. She complied and the manager asked her why she was even at work, she replied that she thought she needed to be there while her bi-annual evaluation was being conducted. The manager instucted her to leave the premisses. She went upstairs to the employee lounge and a co-worker asked her what was the matter. She stated she "fucxing hated the store". She clocked out. On Sat. she returned to work and the store manager asked her what she said and she repeated it. He asked her why she was still there then?" She replied that she loved her job and her supervisors andher remarks were out of line and her hormones got the best of her. With out hesitation the store manager told her to get her things and leave the premises, she was being "let go". I have worked at this store and know there are termination policys and procedures, these procedures were not followed. My wife should be protected by the 1st Ammendmant for her statements, lude as they were, she did not violate any policy in the employee hand book. My wife is a top producer in the store, and recieved a perfect evaluation on her area she manages. She has never had any disciplanary documentation nor warning of any sort. After filling a complaint with the EEOC what is our next step?

 

[presutin]

I am confused... She was told by the doctor to take it easy and yet, she still went to work because her bi-annual evaluation was happening? In today's corporate world where all the employers are "at will" employers, one has to be careful with how they project themselves in these environments. I am not sure you have a strong case here however you can consult with an attorney so he/she can determine if it is something worth pursuing. Good Luck!

P.S - Make sure you present all the evidence you are posting below so the attorney can determine how to proceed with your case. Good Luck!

 

[geeroy]

Yes she returned to word because of the evaluation on her shop by the Corp. office. I will consult an attorney on Monday. Thank you for your encouragement.

 

[cbg]

The First Amendment says that the GOVERNMENT cannot restrict her speech. It does not say that she is immune from being fired because she made negative comments about her job.

The law does not require the employer to follow their own termination policies.

 

[geeroy]

This company has developed a pattern for firing pregnant women. My wife's co-worker was let go for going to her pre-natal visits and missing to much work for a problem pregnancy and leaving to frequently. Another women in the same department complained she needed less "closing nights to get her children from day-care" She was also terminated, when she was overheard complaining to a co-worker. The problem here is how to prove it. The terminating manager has an agenda. He had an opportunity to terminate and took it. Finding a lawyer that will be willing to investigate and find the proof ie: past employees, current employees willing to blow the whistle, etc. is going to be the hard part. When there is a policy and procedure used for one employee and it isn't followed for another employee, one can argue discrimination against employee #2 for sex, and disability (pregnancy).

 

[cbg]

That additional information would have been helpful in the inital post.

By all means consult an attorney, but know that she cannot file a lawsuit for discrimination until she has a right to sue letter from the EEOC or the state equivalent, so she will want to put in a claim with them too.