New mother fired while on maternity leave

Ja Di ksw

macrumors 65816
Original poster
Apr 9, 2003
1,302
4
Ok, I have to rant for a second. I normally don't just come onto the internet to rant in forums, but I literally can't get this off my chest enough. Firing a new mother - WHILE ON MATERNITY LEAVE NO LESS - is complete BULL****. My friend just had her first kid. Her first baby. Now, keep in mind that she worked up to just a couple days before the birth! She didn't even take time off when she could have, even though it was putting a lot of strain on her. Also, her boss had recently taken her out to dinner and told her what a great job she had been doing. So, she goes on maternity leave, and the boss gets a temp. Now, she thinks (though this could be biased) that the temp is giving him bj's. Or at least that's what the other workers in the office think. So, WHILE SHE IS ON MATERNITY LEAVE this sorry excuse for something with a soul decides to fire her and give her job to the temp. He claims she was "not thorough enough" with her cleanings (she's a dental assistant) even though he has never once complained to her about it. And I've known her for years, she is one of those people that never even got a B in school b/c she was such a perfectionist. Anyways, with the human sized genital wart that is her boss employing less than 50 people, she can't sue him. All she can do is hope to get unemployment. And then hope to get a new job - of which there aren't many in the city. Or many work out in the suburbs (she's in Chicago), so she'll have to get a new car. Oh, of course even if that's the case, there's still a 6 week old baby to worry about! What happens when daycare starts and she can't make it home in time because she works out in the suburbs?

Ok, rant over (or, more accurately, moving on to a gchat with another friend that just came on).

I hope this guy gets herpes from his new employee.
 

Ttownbeast

macrumors 65816
May 10, 2009
1,135
0
I have a feeling this one is going to go down that road if a moderator could please move this to PRSI? Just a suggestion.:rolleyes:

I feel sorry for your friend though
 

niuniu

macrumors 68020
Wonder what the law is on firing someone on maternity leave in in your State? Worth checking.


All that stuff about the new temp giving the boss bjs sounds like b1tchy rumor-mongering by bitter/angsty employees. Hate listening to that crap to be frank.
 

Hmac

macrumors 68020
May 30, 2007
2,128
2
Midwest USA
He said...she said...:rolleyes:

Surely this will be sorted out by the judge or arbitration board in the wrongful termination lawsuit.
 

abijnk

macrumors 68040
Oct 15, 2007
3,286
4
Los Angeles, CA
Not uncommon, unfortunately.

In a similar case a friend of mine was laid off while on disability (pituitary tumor, screwed up his optic nerve, can't work anymore, was laid off while the paperwork was supposedly going through the right channels). He sued, won, got all the benefits he was entitled to.
 

Rodimus Prime

macrumors G4
Oct 9, 2006
10,132
4
Wonder what the law is on firing someone on maternity leave in in your State? Worth checking.


All that stuff about the new temp giving the boss bjs sounds like b1tchy rumor-mongering by bitter/angsty employees. Hate listening to that crap to be frank.
It is against the law. I would recommend hiring a lawyer and suing the guy. Personally any company that does that should be sued and then fined into chapter 7 bankrupt
 

Ja Di ksw

macrumors 65816
Original poster
Apr 9, 2003
1,302
4
If it's in the wrong forum please move it, no idea if there's a better one.

Even if there's no nasty stuff going on with the new temp, that is irrelevant. That's just me bi•••ing. The point is firing a new mother while on maternity leave is morally wrong. It is a shameful, horrible thing to do, and it's bs.

The laws that protect against this in Illinois do not apply when the business has fewer than 50 employees, so there's no legal way to deal with it. Just hope to get unemployment and move on.

Honestly, when did we as a country start caring more about businesses doing well than people? Oh, but god forbid we make laws to help out workers, b/c someone might take advantage of them! As if no one is taking advantage of laws now.

Not uncommon, unfortunately.

In a similar case a friend of mine was laid off while on disability (pituitary tumor, screwed up his optic nerve, can't work anymore, was laid off while the paperwork was supposedly going through the right channels). He sued, won, got all the benefits he was entitled to.
It is against the law. I would recommend hiring a lawyer and suing the guy. Personally any company that does that should be sued and then fined into chapter 7 bankrupt
Hope so, and hope the company is sued to bankruptcy, but they said the law doesn't apply with them (too small of a business)

Industrial Tribunal.

Problem (if indeed there was one) solved.
Does that mean she gets to waterboard them? "oil-board them?" If so, all in favor.
 

Rodimus Prime

macrumors G4
Oct 9, 2006
10,132
4
Hope so, and hope the company is sued to bankruptcy, but they said the law doesn't apply with them (too small of a business)
Oh I believe does apply to them. A lot of things to not apply to business under 20 people but this I believe this is one where they can sue for wrongful termination.
 

niuniu

macrumors 68020
The laws that protect against this in Illinois do not apply when the business has fewer than 50 employees, so there's no legal way to deal with it. Just hope to get unemployment and move on.
Ah I see, your friend is a bad position then. Hopefully she can get back on her feet soon. Not going to complain about the law because as a small business that I run myself, I know that if my partner disappeared on mat leave for several months, and expected pay while I had to employ someone else, it would be really crippling to the business. Rights models of large firms just aren't sustainable on small businesses.

Life can be cruel sometimes :(
 

Rodimus Prime

macrumors G4
Oct 9, 2006
10,132
4
Ah I see, your friend is a bad position then. Hopefully she can get back on her feet soon. Not going to complain about the law because as a small business that I run myself, I know that if my partner disappeared on mat leave for several months, and expected pay while I had to employ someone else, it would be really crippling to the business. Rights models of large firms just aren't sustainable on small businesses.

Life can be cruel sometimes :(
They should not have to pay them while on maternity leave but after the maternity leave is over they get the position back.

This is the case were well they will not get it back and fired them.
 

bradl

macrumors 601
Jun 16, 2008
4,006
11,823
Hope so, and hope the company is sued to bankruptcy, but they said the law doesn't apply with them (too small of a business)
Oh I believe does apply to them. A lot of things to not apply to business under 20 people but this I believe this is one where they can sue for wrongful termination.
Oh, it damn well applies. If she was truly on Maternity leave (I'm not doubting you, just be sure she has the medical records to prove it), then have her talk to a lawyer, and read heavily into the provisions of the Family Medical Leave Act. All of the terms and provisions in there apply to this, and all employable businesses fall under it. It may be completely illegal for them to terminate any employment due to maternity leave. It also covers salary during the duration of the pregnancy and up to 6 months after. Definitely look into it.

BL.
 

jav6454

macrumors P6
Nov 14, 2007
16,864
1,480
1 Geostationary Tower Plaza
Hope so, and hope the company is sued to bankruptcy, but they said the law doesn't apply with them (too small of a business)
Who is 'they'? If 'they' is the company your friend worked for, obviously they are going to say such dumb thing. Truth is out there for your friend to find out. Call a lawyer and see if she has a case, nothing wrong with that. Most attorneys won't charge you for a case study or case evaluation.

I believe the business can be 10 people and you can still sue. The law states pregnant women can't get fired over such things. All she has to do is prove he did it with intentions of just firing her and no real motive.
 

barkomatic

macrumors 601
Aug 8, 2008
4,027
1,798
Manhattan
Hope so, and hope the company is sued to bankruptcy, but they said the law doesn't apply with them (too small of a business)
The FMLA (Family Medical Leave Act) is a federal law and so it doesn't matter what the state says. Also, its a bad idea to get legal advice from the place you may want to sue. Of course they will discourage the employee--they don't want to be sued.

Does the employee have any disciplinary action on file at this place? If not, shes got a decent case. However, keep in mind that even if a boss tells a person they've done a good job one day -- if their total performance is bad, and is duly recorded, they can fire the person.

Saying someone did a great job at one thing, one day doesn't mean anything.
 

niuniu

macrumors 68020
The FMLA (Family Medical Leave Act) is a federal law and so it doesn't matter what the state says. Also, its a bad idea to get legal advice from the place you may want to sue. Of course they will discourage the employee--they don't want to be sued.

Does the employee have any disciplinary action on file at this place? If not, shes got a decent case. However, keep in mind that even if a boss tells a person they've done a good job one day -- if their total performance is bad, and is duly recorded, they can fire the person.

Saying someone did a great job at one thing, one day doesn't mean anything.
Does the FMLA apply to businesses of less than 50 employees? What about less than 15 employees?
 

GroundLoop

macrumors 68000
Mar 21, 2003
1,561
35
If this business doesn't have 50 employees within a 75 mile radius of the specific worksite, then the FMLA does not apply (as the OP stated in fewer words).

Edit: The OP stated it as I was typing it. By the way, what state is the OP's friend working in? Some states exceed these minimum requirements.

Hickman
 

Ttownbeast

macrumors 65816
May 10, 2009
1,135
0
Does the FMLA apply to businesses of less than 50 employees? What about less than 15 employees?
That is a good question. I know there is such a stipulation regarding the Americans with Disabilities Act concerning businesses with less than 15 employees but I don't know much about the FMLA in this regard.
 

Ja Di ksw

macrumors 65816
Original poster
Apr 9, 2003
1,302
4
If this business doesn't have 50 employees within a 75 mile radius of the specific worksite, then the FMLA does not apply (as the OP stated in fewer words).

Edit: The OP stated it as I was typing it. By the way, what state is the OP's friend working in? Some states exceed these minimum requirements.

Hickman
Yeah, just looked up the wiki FMLA after everyone mentioned it. She lives in Illinois, which I don't think changes the 50 employee requirement
 

charlesbronsen

macrumors 6502a
Oct 22, 2008
793
5
Toronto, Ont
Oh, it damn well applies. If she was truly on Maternity leave (I'm not doubting you, just be sure she has the medical records to prove it), then have her talk to a lawyer, and read heavily into the provisions of the Family Medical Leave Act. All of the terms and provisions in there apply to this, and all employable businesses fall under it. It may be completely illegal for them to terminate any employment due to maternity leave. It also covers salary during the duration of the pregnancy and up to 6 months after. Definitely look into it.

BL.
So she hires the legal beagles and forces her now ex-boss to hire her back, maybe even with some compensation. Now how fun would that work environment be? Sometimes you just can't win..
 

mondesi43

macrumors regular
Aug 27, 2007
195
0
Same thing happened to my wife, except slightly different. They skirted around the FMLA rules because of the number of employees as well. They were 'bought out' by another company, so the last day of my wife's maternity leave (aka vacation time taken) was also the last day the company was open. She didn't get severance package like the others, or any other benefits that everyone else was offered. 13 years dedicated employee got her nothing in the end.

I say 'bought out' because they essentially started up a new business with the same owners. The majority of people got 'new jobs' within the new company. They had to hide their shady books somehow.
 

Ja Di ksw

macrumors 65816
Original poster
Apr 9, 2003
1,302
4
So she hires the legal beagles and forces her now ex-boss to hire her back, maybe even with some compensation. Now how fun would that work environment be? Sometimes you just can't win..
Agreed. Or word gets around about what she did and now no one will hire her :(

(EDIT: hypothetical, for those who haven't been following it, she hasn't tried to sue)
 

bradl

macrumors 601
Jun 16, 2008
4,006
11,823
Agreed. Or word gets around about what she did and now no one will hire her :(

(EDIT: hypothetical, for those who haven't been following it, she hasn't tried to sue)
No-one would hire her? If they asked the reasoning on what happened, at the very least, she'd get the sympathy nod from any future employer. But legally, if your state is a Right-to-Work state, they could not refuse her from being hired for a job. If she has the qualifications and is a fit for the position, they can not base their refusal to hire her on the actions of what happened at a previous position.

BL.
 

SwiftLives

macrumors 65816
Dec 7, 2001
1,339
240
Charleston, SC
One word: Media.

Thirty one words: Go to the local media and shame them. Then send it to as many prominent job seeker blogs as you can. A little bad PR can go a very long way.