Wrongfully Fired

[CIB1]

My jurisdiction is: Minnesota

I'm almost 8 months pregnant and I was recently fired on October 7 for being absent to many times but the days I missed were days I was in the hospital and my doctor told me not to come in and I was having horrible contractions so I was to stay home and rest and I told my employer that and asked her if she wanted any kind of doctors note or anything but she said no it will be fine and that I should go home and rest and feel better and she will see me when I come back to work being really nice and understanding bout it and this happened like once a month I was hired august 17th, but the last day I missed I come back the next day on October 7th they bring me right in the office and tell me they are terminating me cause it's not working out that's all they said, gave me my termination papers and my last check and lead me out of the building. So then I try to claim unemployment and they deny me cause it was in there employee book bout to many absents so I am not qualified to receive unemployment. I think all of this is just wrong and I really don't think its right of them to do, yes its in there employee handbook, but I'm pregnant and I was having contractions and my doctor told me NOT to come in I thought they have to dismiss the days I miss if I have doctors approval.... I just don't think it was fair or right of them to fire me...I also think they fired just cause I'm pregnant cause after I got fired my friend that works 3rd shift there told me there fired a pregnant women on third too and this was like 2 days after I got fired...just looking for an answer to all of this.

 

[cbg]

This may or may not be a wrongful termination. We will need to know the answers to the following questions:

1.) How long have you worked for this employer?

2.) How many employees does the employer have within 75 miles of your location?

3.) In the 12 months immediately preceding the start of the time you missed, had you worked a minimum of 1,250 hours?

4.) How much time, total, did you miss for your pregnancy? Include any time missed for morning sickness, pre-natal care, etc.

 

[CIB1]

Well I started august 17th I'm pretty sure and got fired October 7th...so I worked there for almost 2 months... and they have over 200 employees, well that's what they said when they did my interview. No i didn't work that many hours about 180 hours I worked... and I am pretty sure I only missed 3 days and 2 half a days...

 

[cbg]

If you only worked there for less than two months, and did not work 1,250 hours, you are not entitled by law to any protected medical leave. It's just barely possible that you could make a claim of pregnancy discrimination fly IF AND ONLY IF you are able to point to other employees who had also only been there two months and missed the same number of days or even more, for non-maternity reasons, but even that is going to be a very hard sell seeing that they hired you knowing you were pregnant.

3 full days and 2 half days for an employee of less than two months is a LOT. You don't get extra protection because you were in the hospital or because you had a doctor's note. Under the circumstances you have described I'm not seeing a wrongful termination.

 

[CIB1]

they didn't know I was pregnant when they hired me...

 

[CIB1]

And how am I suppose to go to work then if I am having contractions when working would make them worse and I could possibly have my baby now why would i want to put my self thru that the employer was the one who said it was fine for missing the days I missed and then they go and fire me ...

 

[cbg]

You're nearly 8 months pregnant now, you've worked there less than two months, and you don't think they realized you were pregnant? Come on, now.

And I didn't say you should go to work when you were having contractions. I said it was not illegal to fire you for missing work when you do not qualify for protected medical leave. Which you don't.

 

[CIB1]

no they didn't know I was pregnant...you couldn't tell I was pregnant when they hired me anyway...and plus they wouldn't of hired me if they knew anyway...

 

[cbg]

Okay, fine. You were six months pregnant and no one could tell.

It does not change the fact that unless you are able to point to specific individuals and say, There, THAT person has only worked here for two months, and has missed as much or more time as I have without being fired, you STILL do not have a wrongful termination.

 

[CIB1]

oh and another thing...there was this women that worked on the same crew I did and she missed at least 2 to 3 days a WEEK and they never fired her and when I asked them bout her they just ignored my question and changed the subject and escorted me out... that's what lead me to ask my question in the beginning any way...

 

[cbg]

And how long had she worked there?

 

[CIB1]

and you don't have to sound like your getting mean with me too I'm just asking a question that I didn't know any answers to and I'm not being mean bout it... cause I am sensing an attitude

 

[CIB1]

less then 6 months and you have to work there for 6 months or more to get any benefits or anything period

 

[CIB1]

not very much longer then i worked there

 

[cbg]

The length of time she had worked there makes a great deal of difference to your question. If she had only worked there for two months, it would greatly improve your chances of having a workable claim. If she had worked there for over a year, however, she WOULD be eligible for protected medical leave, which you are not. In that situation, the two cases are not comparable because your situations are not the same.

If you don't want to answer, fine. But I can't assess your situation in comparison to hers without the information.

 

[CIB1]

yeah but talkin to the other employees they have said she has been doing that since she got hired....so. yeah

 

[CIB1]

i can miss 3 days and get fired but she can miss all the days she wants from the day of her hire and not get fired....something is wrong there

 

[cbg]

That improves your chances of having a claim but it does not guarantee it. It's still possible that she has a situation that is being accomodated under the ADA. Pregnancy is NOT covered under the ADA under most circumstances. It also makes a difference what her job is, what your job is, and what arrangements were made when she was hired. If this was something that was agreed to before hire for her, then your claim just went out the window.

Feel free to talk to an attorney in your state but you are still a ways from having a guaranteed claim.

 

[CIB1]

I was just asking and wanted to know if what happened to me was wrong I am not filing a claim... cause I don't think it was right but thank you anyways for you help...