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Ok, so here is my situation. Last year I was pregnant and due at the end of october. my boss told me i had to stop work in the begining of august because i was a liability to the company. I got a lawyer as a threat tactic so i could keep my job. it worked, i was able to work right up to my due date. well, now im ready to go back to work and she has been stringing me along for a week but eventually said she doesnt want me back with no reason and there was no paper trail while i was employed because i was a good worker. my lawyer told me to keep in touch but i didnt really want to sue, i just wanted to work. Everyone is telling me to call my lawyer and let him know because he said if she doesnt take me back, that is retaliation and against the law. I was in a car accident 2 months ago and got pretty beat up. Im sueing for that. I dont want 2 pending lawsuits. What should I do???

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Anonymous

Asked by Anonymous at 6:56 PM on Mar. 19, 2009 in Money & Work

Answers (5)
  • GUrl..I work In Hr..and what your employer is doing is big Liability to her companyy..not you...you need to get in contact with your lawyer...it doesn;t matter if you already have a pending trial..once you tell your employment lawyer what up..He will be seing dollar signs...you have a wining case in your hands and depending on how big the comapny is will determine the penalty charge agains the company....how long where you with the company? after a year your leave qualifies as FMLA and under FMLa your job is protected..if your job was not avaibale then they would have to have put you in a another comparable job with same pay and benefits...another thing all this would have to be documented on your employers part and they would have had to send you an official letter stating all that has cooresponded..if there is no paper trail more liability on the Comanpay..I say stand up gurl and sue them...
    angi_mona

    Answer by angi_mona at 7:06 PM on Mar. 19, 2009

  • Get your lawyer involved. This is just SO obvious what they are doing.
    evwsquared

    Answer by evwsquared at 7:11 PM on Mar. 19, 2009

  • oh another thing not only does your employer face FMLA charges gainst them they also face descrimination charges..for the fact that she said your pregnancy was a liability....unless you were working a strenuous/dangerous job like contruction or something to that effect and in the job description the you are not abole to performe the physical demands of the job during pregancy then they may have a reason to let you go due to pregancy, but that is a very thin thin line...If you were able to perform all essential functions of the job including handle all physical aspects of the job while pregnantt then I would also sue them for pregancy descrimintation...the courts take that very very seriously...an because this harrassment went on through ppregnacy I would aslo sue them for hostile working environment..that comes to play is if anything your coworkers did in the work[lace that made you feel uncomfortable or uneasy..
    angi_mona

    Answer by angi_mona at 7:14 PM on Mar. 19, 2009

  • How long was your maternity leave? Was it longer than the time covered by FMLA? Do you work for a company large enough to have the law apply? It doesn't apply to all.
    halfpint_ny

    Answer by halfpint_ny at 7:55 PM on Mar. 19, 2009

  • Your employer is discriminating against you for being pregnant and taking maternity leave and it is illegal!!! CALL YOUR ATTORNEY!!!!!!!!!!!!!!!!!!!!!!!! If you don't fight back, they will do this to other people if they already aren't. You can get your job back, back pay, etc. If you want to work, then fight for your job because there aren't many out there at this time.
    tyfry7496

    Answer by tyfry7496 at 10:16 AM on Mar. 20, 2009

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