My wife's employer has started to find problems with her since she announced she was pregnant. [Archive]

Abrasive Dean

11-13-2002, 05:45 PM

My wife started a job in July and
had been working there with no
real problems.

However since the employer
became aware of my wife's
pregnancy, suddenly they have
been noting "performance
issues" and have been making
her job truly awful.

I believe they are trying to get her
to quit. We call that in the UK
"constructive dismissal" and is
against the law.

Either way it smacks of "sharp
practice"

Any advice?

<img src="http://homepage.mac.com/deanmcg/sig/sig.jpg">

Zipgun

11-13-2002, 05:49 PM

I am very sorry for your inconvenience, please note that the person responsible for the earlier rambling has been sacked.

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Dan

11-13-2002, 06:13 PM

Sue.

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Earth2RON

11-13-2002, 07:23 PM

Congrats on the pregnancy!

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A sad thing in life is when you meet someone who
means a lot to you, only to find out in the end that it
was never meant to be and you just have to let go

Abrasive Dean

11-13-2002, 07:27 PM

Thank you it is TWINS and me
with an 11 year old daughter
already!!

<img src="http://homepage.mac.com/deanmcg/sig/sig2.jpg">

shorty

11-13-2002, 07:30 PM

It is illegal and very difficult to do if she resists. Have her document everything, even the smallest thing she does to cover her ass. And if she really wants to stay at that job, she might just have to go through the bull for a bit. But make sure she's covering her ass.

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Christy

11-13-2002, 07:30 PM

Is this a high power position?

Sometimes, companies think it is irresponsible for a women to get pregnant so soon after she is hired. It sucks! :-( Sorry!

Congrats on the twins! My cousin found out out she is having triplets! LOL

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Abrasive Dean

11-13-2002, 07:38 PM

Thanks Shorty we are doing just
that and I think they realise that
she is no "pushover".

I am sure that she can get
another job quite easily (even
pregnant).

I just want to make the bastards
sweat.

<img src="http://homepage.mac.com/deanmcg/sig/sig2.jpg">

Abrasive Dean

11-13-2002, 07:42 PM

By the way sorry to all those who
reponded so far. I have turned of
my damn auto-reply er sorry!

<img src="http://homepage.mac.com/deanmcg/sig/sig2.jpg">

Earth2RON

11-13-2002, 07:52 PM

By the way sorry to all those who
reponded so far. I have turned of
my damn auto-reply
You shouldnt keep that on cuz a dumbass like me might take advantage of it and reply every minute on the hour:)

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A sad thing in life is when you meet someone who
means a lot to you, only to find out in the end that it
was never meant to be and you just have to let go

HordeKing1

11-13-2002, 10:06 PM

ABRASIVE DEAN - It's illegal for an employer to discriminate against a pregnant woman. (Technically she's considered to have a disability).

That being said, it's very hard to prove discrimination based upon a pregnancy (or other disability).

Pre and post pregnancy evaluations are a good thing to have as well as documented records of her job description, tasks assigned, tasks accomplished and the like.

Documenting how her job duties have changed since her pregnancy would be very helpful as well.

I suggest she confront them about it and ask what specific area they have trouble with, about the way she does her job. If she can't get any satisfaction, consult an attorney.

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Thebazile78

11-14-2002, 01:31 PM

I believe they are trying to get her
to quit. We call that in the UK
"constructive dismissal" and is
against the law.

It's against the law here, too.

It's in violation of part of the Americans With Disabilities Act (ADA, 1990) and I think the Family and Medical Leave Act, not to mention countless labor and employment laws.

I agree with Shorty that your wife should document EVERYTHING. And also see if you can get a lawyer, as it may be necessary to sue the employer for discrimination.

Good luck!

"If human beings stopped exercising their lips, their brains would start working" - Ford Prefect

Coco

11-14-2002, 01:32 PM

I can't believe that companies out there are still stupid enough to do this kind of stuff! Just curious - is it a small company?

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Heavy

11-14-2002, 01:46 PM

Its entirely possible her performance is actually suffering.

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Abrasive Dean

11-14-2002, 01:50 PM

Just curious - is it a small
company?

Not that small as to be excluded
from any federal hiring/firing
policies.

More than 30 employees.

I think in all honesty whilst my
wife was hired full-time there was
never any real will to keep her on
for a prolonged period of time. It's
just that her annouced
pregnancy has "screwed" up
their plan as it is not quite so
easy to let her go, either morally
or legally.

I cannot tell you what a bunch of
bastards I think they are!

<img src="http://homepage.mac.com/deanmcg/sig/sig2.jpg">

BrianTheBailBondsman

11-14-2002, 01:53 PM

is it his?

"Getting my 15 minutes of fame a few seconds at a time"

HordeKing1

11-14-2002, 05:22 PM

The problem with the ADA, is that every case that has been brought against an employer by an employee seeking it's enforcement, has been decided by the Supreme Court in favor of the employer - with one exception. That case was remanded to lower courts for further development of the record where the case was decided in favor of the employer.

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Heavy

11-17-2002, 09:23 AM

That's right Horde King, and it's still entirely possible her performance is actually suffering.

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HordeKing1

11-17-2002, 09:27 PM

Absolutely right. And if her performance has suffered, and the performance can't be brought up to spec by "reasonable accomodations" she can be fired w/o recourse.

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Heavy

11-17-2002, 09:39 PM

she can be fired w/o recourse.

Can and SHOULD. But I don't know how she's doing at work so I can't coment. All I say is that it's a realpossiblity her work is suffering. SPOmething noone else is this thread considered

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