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laying off 6 mth pregnant women
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laying off 6 mth pregnant women
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have worked for my current company since June of 2006. We've had alot of organizational changes within our department being that they had a Customer Service department in their corporate office. How
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Forums » Topic Forums » Legal Forum » laying off 6 mth pregnant women
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laying off 6 mth pregnant women
posted at 12/15/2010 3:03 AM EST
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Posts: 3
First: 12/15/2010 Last: 12/15/2010 |
I have worked for my current company since June of 2006. We've had alot of organizational changes within our department being that they had a Customer Service department in their corporate office. However, after several management changes they are now looking to make our department completely a sales function. My current hours are 8-5 but will change in January to 10-7 due to senority. When I was hired I had a small child and explained to them that I needed to be off by 5 in time to get my daughter from daycare being they close at 530. There are 3 of us in my department including me. Our team lead has been here around 6 or more years, the other lady 5, and then I will be here for 5 in June of 2011. I have no other options for my kids to be taken care of after 530. Is this a valid reason to speak with a lawyer? Am I correct in being upset? Does this seem wrong to you? |
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laying off 6 mth pregnant women
posted at 12/15/2010 3:50 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Well it looks like you are lowest on seniority regardless of a pregnancy. Therefore if they use that as the criteria for schedule changes and/or layoffs, you would have no recourse. If you refuse a schedule change, you have also given them another reason for you to be the one who is laid off.
I have little kids....so I do understand the issue. But your employer has every right to change your schedule regardless of what was agreed upon close to 5 years ago. (The only exception would be if you have a contract that states your hours -- not an offer letter because those rarely rise to the level of a contract) I would look at it this way -- they were flexible for a long time and now just can't be due to business concerns. Depending on your state, if you refuse the hours and they terminate you, it is possible you would not get unemployment benefits because you refused work and the whole purpose is for those who lost jobs through no fault of their own. However, sometimes a schedule change can matter, so I won't say never. Some states are more generous than others. |
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laying off 6 mth pregnant women
posted at 12/15/2010 8:03 AM EST
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Posts: 544
First: 9/27/2004 Last: 9/13/2011 |
You cannot assume you are eligible to collect unemployment insurance, no matter what your employer tells you, it is not their decision. Even if you speak to the state directly, they can't guarantee the decision. They may very well see it as a voluntary resignation and they sound like they have a good case.
Does your employer offer childcare referrals? emergency back-up or any kind of assistance program? Can you contact some social advocacy groups? Some community colleges have resource lists, so do the welfare departments and women's shelters, you don't have to be eligible for assistance to ask for a few phone numbers. |
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