Is this a case of pregnancy/maternity leave discrimination?
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Is this a case of pregnancy/maternity leave discrimination?
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I just had a baby 4 weeks ago. I am ready to come back to work now, and the boss wanted me to come by and "talk" about coming back to work. When I get there, we go in his office and close the door, and he starts to tell me that the job that I had before I went on maternity leave was "No longer available." meaning that he has eliminated the customer service job that I had. He says that he is looking for someone more sales oriented, and he feels that while I am a good customer service person, he doesnt think that I can be taught sales. Even though that is what I have been doing the whole time I worked for him was selling his product. (Number 2 overall in sales) He then tries to tell me that he thinks that it would be too hard for me to have a job and have a new baby all at once. He starts wanting to know who is keeping the baby, and I told him my mom. He says are you sure she is ok with that? That can be stressful. When he sees that it wont be a problem, he starts on another angle. Saying that well, what is your availability? I tell him its the same as its been the whole year Ive worked there, I can work 8-5 at the latest. Then thats when he starts to say that he really would like me to work 2-8 (late shift)
I just think that he is trying to make me quit this job. Which, I will not do. I dont think he really wants me to come back to work. When he MADE me take off for maternity leave a week before my daughter was born, I was under the impression that my job was still open. But when I come back to go to work, he tells me that he is doing away with customer service, and needs someone with sales, and he wants me back, but then again he doesnt if all he will have to do is let me go in a few weeks. Have I been discriminated against just because I had a baby? That is what it feels like? Should I talk to a lawyer? HELP!
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Shane
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Gosh I can't believe how stupid employers are. This is outright discrimination and you definitely have grounds to pursue legal action. He is in violation of the Civil Rights Act Title VII. Definitely contact the Equal Employment Opportunity Commission. Hopefully, you were there long enough to meet FMLA standards (Family Medical Leave Act) which would give you greater cause of action. Yes. See an employment lawyer immediately and be sure to check his/her credentials first. You can go to martidale-hubbell website to find an attorney. A/B rating being the best. |
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swegner_water
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He absolutely cannot do this. When you go on maternity leave, the company is stating that they are guaranteeing you will return to your original job, or one that has the same pay grade. You should find out who his boss is and they will take care of it. If they still do nothing, go to your state's employment board and/or file a lawsuit. |
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