B.H. asks from San Francisco, CA on July 25, 2008
Just Got Laid off and Am Visibly Pregnant...
can't help but feel like I've been discriminated against due to my pregnancy... any thoughts or anyone else have a similar experience??
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C.L. answers from Fresno on July 26, 2008
I don't think you can assume it's pregnancy discrimination just because you got laid off. Companies are laying off people left and right due to the economy. Find out why the company laid you off first- they may just need to get rid of employees.
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L.F. answers from San Diego on July 26, 2008
HI BH,
Having been in a similar situation not too long ago and talking with an employment attorney, it is a very long process to prove pregnancy discrimination if you are looking to sue the company for monetary compensation. I'm not saying it's not worth it, but just be ready for a long fight.
Good Luck.
1 mom found this helpful
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J.F. answers from Stockton on July 26, 2008
hey B.H.
I had my baby 2 years old, my mother was taking care of her during the day. I missed her first word,her first step, she started calling my mom, Mamma. But I had a very important Accounting position for a very large Corporation, I reported to the Vice President of Finance. When I got pregnant they asked if this was going to be a problem. I being a first ime mom and a real "bread winner" ...I made more than my husband, it was my credit and salary that let us purchase a house.
I said of course not. After a year and a half my mother wanted to return to work and we found a daycare. this was "babyboom" the movie. I was in a board meeting when the call came in. Teh president (CEO) said J. take the call in here. It was the daycare provider... "Your daughter just thre up allover my daycare provider, you need to come and pick her up now!" The Ceo said 'is everything ok." I just smiled and said of course and finished the Corporate, state of Financial Conglomoration Report in a record 10 minutes." Taht night I went home and told my husband taht I had to find a job closer to home. The pay in the BAy Area might be realy good but I can't be over an hour away from our daughter. I found a job within a week, no more than 20 minutes from home. the pay was less, but so was the commute and gasoline. I gave my two weeks notice and then I got sooo sick. I was throwing up morning, noon, and night...I couldn't start my new job. I thought I had the worst stomach flu ever. I went to the Doctor...I was pregnant with our son. I called my new employer, they asked me to come in. I explained that I had been a working mother before. Tehy calculated that the baby was due in June. Taxes are processed in April (May, June) I would be taking maternity leave right before the tax deadline. They told me that they were pulling their offer of employment and that if i said anything that their position was that an offer was only in consideration that I had no proof of actual promise.
Instead of feeling totally discriminated against, (well at first I did..boy was I angry and self rightouse) I was now home with my baby. No more daycare people calling me telling me what I was supposed to do. No one would hire me because with this second pregnancy (boy did I show..and I was sick as a dog) So I told my husband (after all he did have something to do with this) I wasn't gooing back to work. He said"We're gonna starve." I said "No , you are going to make enough money to support the children that you brought into this world." And I am going to raise my children not pay someone else to. My husband made $5 an hour carrying buckets for a wall paper hanging contractor. He knew how to hang wall paper. So I got all the information needed for him to get his contracting license. I talked it into a tape recorder and he listened on his way to work. I called GMC and did a vouluntary reposession of my brand new convirtible, they sold it at action with no money due to me. I pulled off my acrylic nails, cancelled my cell phone, bottled water, (oh this is a big one...the cable tv) Motto if it did not support life, we did not spend money on it. My husband got home cooked meals. Mashed potatoes $1.98 for a 5 pound bag, and meatloaf with gravy. I no longer paid for child care, gasoline to work, dry cleaning, cell phone, car payment, car insurance, lunches during work, pantyhose...Oh my God ...when it all came down to it I was working to pay for half the months expenses just to work while not being with my baby. I did try a direct sales business walking with my baby in a stroller and pregnant but the company made you spend money on catalogs and how much can you realy make selling 99 cent lipsticks. But it did give me an insight to making money without the 9-5. My husband did get his contractors lisence, our PG&e was probably shut off at least 4 times that year. the church helped with food, and when my husband became a contractor I solicited the top designers in Southern California, sending them a Marketing package for their Model Home projects. It was a tough two years. Threats of foreclosure almost every month. But after two years we built my husbands talents into a $220,000 company. He had relied on me to make the money. Now, a high school drop out but with good work ethics was able to support his family. We now have 7 (yes that's seven children) We sold our three bedroom and now live in a 7 bedroom 4 bath home.
Inow pay for our kids private education through another direct selling company, with no deadlines, or pressure sales. I work when I want to and probably make more than most women in a 9-5. My childrens ages are 17, 15, 12, 10, 8, 7, and 2.
Being turned down for my job was probably the best thing that ever could have happened to our lives. My husband stopped depending on me as the additional income provider. We became frugal and started looking beyond next weeks paycheck. We united in a long term plan. I became closer to my husband letting me be a mother to our child and not a paycheck to our (non-children lifestyle) my husband grew up.
6 moms found this helpful
M.W. answers from San Francisco on July 26, 2008
The exact same thing happened to me a few months back. I was 4 months pregnant and laid off. The first thing I want to say is not to panic or worry. You need to make sure you don't bring on any added stress.
I would recommend you speak to an attorney, it's not going to cost you anything. In my situation, there wasn't much that could be done, I was an "At-Will Employee". I was however able to negotiate a better severence pay. You need to explain to them that they at least owe you pay up until your delivery. Explain to them that there is little to no chance that you will be hired with a new company in your condition. It worked for me.
Something else I just found out, State Disability will now pay you benefits for an additional 6 weeks to bond with your baby. This is on top of your normal disability pay.
Hope this info helps...and GOOD LUCK!!!
1 mom found this helpful
C.V. answers from San Francisco on July 26, 2008
Hello BH,
FIrst off does your "exit letter" state if you were laid off in those words or what does it say in words for the reason they let you go? Fired, laid off, position going away??I use to be an HR manager. It is key you find out why you were laid off in detail. This will be important when you file for unemployement. Secondly, there are a few options for you trying to collect any money while out of work. You can also file for disability which you will need your doctor to file for you while your still pregnant. You can't collect on both disability and unemployment but disability pays you more. Explain to your situation to your dr. He may put you on it to not cause any stres to you and the baby right now, etc. You could also do temp work. Many temp agencies will bring you on pregnant to fill in for their clients on Short term assignments. You can call a lawyer and get a one time free consultation and find out if you have any leagl rights to go after your employer. That way you will know if you have any rights and ease your mind. You can also call the Board of Labor/EDD they are on your side. My heart goes out to you. It has to be a borrible feeling and its suppose to be a time for you to enjoy. Try not to get too worked up think about the health of your baby. It will all work out. You can also get ins through the state being pregnant if you don't have anyone elses to fall on or if your no covererage now. Remember people won't offer inormation to you unless you ask. THere are lots of programs that state has but they don't tell you about them. I found out that I could get a PPO ins through the state programs with Blue Cross for 150 a month when my private ins canceled me due to a pre exsisting condition. Lot cheaper then cobra. Try to think positive. Hnag in there. I pray it all works out.
SAHM, 2.5yo son & 1 month old son (came 5 weeks early). Love the outdoors/water. Married to a wonderful man. too bad he travels for work every week. I feel like a single mom living on very few z'a. ;-)
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L.R. answers from Sacramento on July 26, 2008
Hi B H,
What was the reason for the lay off? I am a business manager who has an employee out on maternity disability right now so I have been working closely with our employment lawyer to make sure I handle everything to the legal letter. If you want to email me with more info I will try to help you.
Sincerely,
L.
1 mom found this helpful
C.L. answers from Fresno on July 26, 2008
I don't think you can assume it's pregnancy discrimination just because you got laid off. Companies are laying off people left and right due to the economy. Find out why the company laid you off first- they may just need to get rid of employees.
1 mom found this helpful
M.R. answers from San Francisco on July 26, 2008
unless they hire someone else to fill your position soon after you got laid off, then it would be almost impossible to prove anything. if someone fills your position from within the company, it's just called downsizing. an attorney is your best bet. i love my law firm. if you'd like to conatct them. let me know.
1 mom found this helpful
L.F. answers from San Diego on July 26, 2008
HI BH,
Having been in a similar situation not too long ago and talking with an employment attorney, it is a very long process to prove pregnancy discrimination if you are looking to sue the company for monetary compensation. I'm not saying it's not worth it, but just be ready for a long fight.
Good Luck.
1 mom found this helpful
L.E. answers from San Francisco on July 26, 2008
Okay, with all due respect, I think Christine might want to brush up on the law. It's not legal to fire (or lay someone off) due to their pregnancy. I don't think suggestions regarding alternative working arrangements is quite what B H is looking for.
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