Do I Have a Case?

Updated on January 02, 2007
J.V. asks from Brooklyn, NY
4 answers

When my job found out I was pregnant they stated giving me longer hours and alot more work to see if I'd quit instead of them firing me. Since I kept up with everything or at least tried, considering the circumstances, whatever little thing was not done at the time they gave it to me, mind you every 5 minutes I was getting told to do something different, I would get in trouble. and no matter how it was put, it looked wrong on my part. I had 3 bosses trying to fire me. What they do is hire people who just got out of college or is going to go to get the medical degree and take advantage of them since it's a upscale and well known doctor's office. When I was 5 months I had to get on bedrest and started receiving disability. They told me I still have my job and they were constantly asking me if I was coming back to work after I gave birth, in which I was. After my son was born I no longer received checks. Now with 2 wks for me going back to work, I spoke with my boss and he told me that they no longer had a position available for me. The eliminated my position and that they were tight. I can't explain in full detail how it was at this job because I went through so much drama and I was on bedrest BECAUSE of them. Everyone is telling me that I have a case against them and what they did was wrong but I don't know. Can anyone help me>? Finanically it was a loss but I'm still doing good with my other job as a rep. That's holding me down but with the plans that I had in the next 6 months. it kind of put a damper on it and also I don't want other people to go through what I went through.

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So What Happened?

I was told tat they eliminated my position and when I asked for the reasons he kept puting the word "um" in our conversation. For a well spoken person you know that something's off. Anyways, I spoke with my payroll dept and found out that what they have documented on file was Oct,16, 2006. 3 days before I gave birth. That was the LAST straw. I filed a report against them and they are being SERVED!. I'll update and let you know the outcome of THAT ONE!!!

More Answers



answers from New York on

Dear J.,

I know a similar situation happened to my cousin. When she was on maternity leave they told her that her job has been eliminated. I believe she looked into it and she said that it was legal. But Iwo uld definetly look into it.



answers from New York on

yes, I asked a lawyer and he said it is illegal to terminate someone while on a legal and authorized leave (as in you did not quit) Take them to court! Get what you deserve and let them get what they deserve!



answers from New York on

Hi J.,

Well and foremost how long have you been with the comapany? If you have been there over a year and you spent the alloted amount of time out on leave (depending on their policies) then yes you do have a case. For instance I am a full time employee at a bank, and i have been there for a year. I am currently on maternity leave. My maternity is due to end on 2/12/06. Now if I decide i want t stay out longer i can it will just be no pay and it is for three months. Now when three months hit and it is time for me to go back to work i may not hold the same position but i am still guranteed my job. It all boils down to whats you employers policies and procedures. I hope i helped.



answers from New York on

you 100% have a case...definately contact a lawayer asap because thats a big deal. good luck

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