Friday, May 9, 2014

Pregnancy Discrimination Question?




Crystal O.


Ok so.... On Oct. 20 of 2011 I left for my 'maternity leave' my last day of actual work was Oct. 9 2011. I delivered my son early on Oct. 29 of 2011 I was going to return to work after my reg recovery time (8weeks from a C-section) but on Oct 20 my 7-week-old got severely sick and ended up in the PICU on a respirator for 2 weeks total 3 weeks in the hospital. So I contacted my employer to inform them I was taking my bonding leave right away (putting my return to work on Feb. 3 2012. My boss said there was no problem with that and not to worry we would set up my scheduled the weekend before and just to call or stop by right before I would come back. After a week out of the hospital my son went back in the PICU for another week. I also contacted my employer to notify him that we were back in the hospital and that I would still return on the 3rd. When I contacted my employer on the 1st to talk about the return and what time was best I was told it wasn't a good time to start back and to come into the office the following weekend to set up my schedule. When I went into the office I was told by my manager that he had put his 2 weeks notice in the weekend of the 3rd and that they were letting almost all of the employees from that off go. So I grabbed a application to give to the manager who would take his place and went home and filed for unemployment on Feb. 12 2012. I was contacted by unemployment on or around Feb. 25 2012 notifying me that I did not qualify for unemployment because I quit my job for no good reason on Oct. 9 2011. I was confused so I contacted my old manager on his Cell and he informed me that that was correct that the company let me go when I left on my 'maternity leave'. He also added that I should contact someone about it and that I had his full support if I needed his help with anything. I also tried to contact the company itself to get the information on my release date but they refused to help me. I put in the appeal for unemployment and got a hearing in late March. I did a hearing by phone and my employer didn't even show up for it. I got a notice saying that I lost my appeal because I quit my job for no good reason. I was baffled distressed and confused by the whole thing. I spent all my nights crying. My days were filled with struggles instead of happiness of the new addition to my family because I was too worried about how I was going to feed my kids at this point. It got so bad financially we (my boyfriend and I) had to file for food stamps which took MONTHS (about 7-8) to get approved, and we had to move in with my 'in-laws'. I filed another appeal to unemployment for a new hearing. I finally got my hearing on Sep. 20 2012 6 months after I had filed for unemployment. This time a representative from my job did show up for the hearing. She alone handed me my unemployment on a golden platter. If it weren't for her I don't think I would have won. She made comments like "to my knowledge we don't have to hold her job for 12 weeks" and "in our experience they (as in pregnant woman who have babies) don't even come back to work so we don't keep their jobs". I finally got my unemployment granted to me in late Nov 2012. After that I finally found a lawyer to help my file a wrongful termination discrimination so on suit. (I'm really sorry for the extended explanation) We just sent out the copy of the draft complaint to my old employer. Their lawyer responded right away and they want ot negotiate out of court. I am wondering. How much should I ask for? And should I settle out of court. My main reason for filing this suit is so this wouldn't happen to other woman. It was the comment "in out experience they don't even come back to work so we don't keep their jobs' that pushed me to file. gave me strength to do it. In the past how many woman have they done this took...... I feel if I settle out of court they will learn nothing and some other poor woman will have to go through the pain and horror that this all has been. (so my questions are........ If I agree to settle how much should I ask for out or in court? Should I settle out of court?
It's stressful and sad that people are so angry and hateful. I was just hoping for a push in the right direction. I'm sorry if you find my story untrue but I'm nearly in tears. I am asking because I know my lawyer will want to settle right away. I'm not worried about the money. I don't think any woman should so through this. And I am not paying the lawyer he only gets paid if I win. I only started this because I want the company to have to properly deal with 'maternity leave'. Should I take the settlement.... or do what I think is right and push it to court so it can be enforced on their company. Everyone around me thinks I should just take the money and run. But it feels wrong. I did not quit my job I did qualify for temporary disability and family leave. I got my second appeal hearing after 6 months for unemployment. I got all my unemployment payments (back pay etc.) 9 months after my claim. And sadly in some areas food stamp offices miss place things etc.
I was FIRED from my job on Oct 9 2011 because on Oct 20 2011 I went on 'maternity leave' (temporary disability followed by family leave) to have my baby. I was let go for no other reasons. in my appeal hearing on Sept. 20 2012 my employers representative even made it clear that they let me go and I did not quit. I also have my Boss from at that time who agrees that I did NOT quit my job that corporate pushed me out because I was pregnant. This is just part of the discrimination I received there while I was pregnant. I didn't feel that those details were important because my question if weather I should push to go to court or just let it go and take the settlement that I have. Should I try and fight to make the company respect pregnant woman. I've been a working mom for many of years now this is not my first child and there is no reason we can't return to our jobs after out recovery. the amount of description I did give was to g
I'm sorry it keeps cutting off what I am typing... I did have protracted leave in the state of New Jersey. And I don't have to return before my leave is up. I did try to start on the first day I could. Feb. 3 2012 but my boss said it was a bad weekend to start back and set for me to start working on the 11th. So I went in on the 10th to straighten out my hours with him and that's when he told me that they were letting everyone go Even though they knew they let me go on the 9th of Oct. No one ever let me know that I had no job. This isn't a question of weather I qualify or not. We (Me and the lawyer) have already established that I do, and apparently my company agrees because they want to settle.
Again I feel I must repeat this clearly. I know the laws I know my rights. (I am not suing them over unemployment) This is a question about morals. There are no law/state websites that can give me a fact about weather it is wrong or right to give in and let go of a lawsuit for the reason I filed it just because someone offered me easy money. And as for the amount I've looked and no questions site has any descent answer to what you should ask for just statements saying every situation is different. So I put a little bit of my story on this post to help. If I did miss a good site for advice on this kind of situation a link would be appreciated Tnx Crystal
I'm sorry for the odd what seems randoms posts on here- I put this question up and think I put it in the wrong section and maybe this would be a better home for my question.... I got some not very nice/good responses from people who didn't seem to be able to read what I wrote properly- or maybe I just type that bad.....Anyways...
Would you as a mother or woman let this go or even a man watch his significant other go through this.
Would you push to go to court?
And what amount would you ask for?



Answer
You should take your attorney's advice on how to proceed. He or she is best able to guide you on settling or continuing the next step. You have substantial damages and emotional distress, pain and substantial suffering you endured and are entitled to substantial relief. These are real damages to you and you are entitled to be compensated. In hindsight, you should have asked the original judge at your appeal to subpoena your old boss at the time even though he was no longer with the company. He said he would have helped you and it does not appear here that you brought him in as a witnesses as you could have. That would have certainly proved your case earlier without having to endure so much distress. In any case, you should pursue your claim for all your emotional and financial injuries. Calculate your annual salary that you would have received had you remained employed.

Can pregnancy results be inaccurate?




Chase is h


I know some tests can read negative but in reality the person actually ends up being pregnant. Well, I took a test sunday and it was positive. Can that be wrong? If not... What do I do now?? I made a doctors appointment already. Im pretty nervous. I am 23 years old and wasnt planning on kids anytime soon. But you deal with what your dealt right. Any advice for first time pregnancies???? Thanks (oh and this is a result of a 4yr relationship 2yr engagement) He is excited


Answer
Firstly, I would recommend that you take a second pregnancy test. I know false positives are rare, but it happened to me once. I got a + one day, a negative on the second day. Then, I got my period. That being said, false negatives are rare. So, you are likely pregnant. If so, congratulations! :-)

Since you're asking, the first advice I would give you is to really not take too much on your shoulders during the first trimester. It is the most difficult trimester of all three, because you get to be soooooooo tired all the time! It is also possible that you'll start nausea and food aversions around the 6-7th weeks, and it's not always easy! If your nausea becomes really difficult to deal with, there is a great medication called Bendectin, which requires a prescription. There is also ginger and vitamin B6, but it didn't work for me.

After the first trimester, it usually gets better energy and food-wise!

The other advice I would give you is to read the most possible about pregnancy and having a child. People around you will throw their opinion at you all the time, especially since you're only 23. But you'll be the mother of that child, and you need to build confidence and have opinions of your own.

Some great books I would recommend are the following:

From the Sears Parenting Library:

1. The Pregnancy Book: Month-by-Month, Everything You Need to Know From America's Baby Experts

2. The Baby Book: Everything You Need to Know About Your Baby from Birth to Age Two (very complete, covers everything you need to know)

3. The Birth Book: Everything You Need to Know to Have a Safe and Satisfying Birth (indispensable to help you determine what kind of birth you want for you and your baby, so you can draft your birth plan accordingly)

4. Becoming a Father: How to Nurture and Enjoy Your Family (great book for dads, as it's not just about how to change a diaper, but it covers the emotional part of fatherhood).

These books foster attachment parenting, which in my humble opinion, makes for happier, more intuitive and self-confident parents and children.

From other authors:

5. The Pregnancy Countdown Book: Nine Months of Practical Tips, Useful Advice, and Uncensored Truths (you'll enjoy the sense of humor)

6. Ina May's Guide to Childbirth (amazing positive birth stories)

7. A Child Is Born, by Lennart Nilsson (so you can see developmental pictures of the embryo/fetus along the 9 months of your pregnancy).

You'll also need a good pregnancy organizer, such as "40 Weeks +: The Essential Pregnancy Organizer", by Dani Rasmussen, to make sure everything is ready by the time you give birth.

Books I would really, really avoid are any one from Tracey Hogg (Baby Whisperer) and Gina Ford. Those are not fact-based and provide really outdated opinions that can be detrimental to your child and to you, as a parent.

I would also recommend "The Science of Parenting" by Margot Sunderland; and The Womanly Art of Breastfeeding: Seventh Revised Edition, by LLI.

Do not hesitate to email me personally if you have any question!

Good luck!




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Title Post: Pregnancy Discrimination Question?
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