Anyone have an experience involving

[hdaddy 18]

Ok, here's the situation:

 

Wife (36D and growing), has a job managing a dept at a home health care office. She accepted this position with some reluctance due to the amount of turnover and hours. Previously she worked per diem and made her own hours but the company begged for her to take the position in office. She only, finally, agreed once they agreed that she can be off at 4:30pm instead of 6pm. This was two years ago.

 

Fastforward to today. She has the same postion and same hours. She received her first raise last month and all appears to be going well. Unitl Monday. Her boss (never seen her) and the VP (never seen her) of the company call her into a meeting with them. The VP goes off on the wife stating how she is disappointed that she did not stay til 6pm on Friday. The VP goes on to say that another lady had to take care of wife's work on Friday. The wife's boss is irritated because she has to do wife's work from 4:30pm to 5:30pm. The wife explains that she works until 4:30pm and is in early in the morning, when on a regular basis, she has to answer calls and complete work intended for her boss. The VP threatens that if she can't come up with a solution to stay until 6pm, she will be terminated. She had until today. She requested that they give her until Friday to consider and they agreed.

 

A little further background. Wife is the fifth person at this position in the last 4 years. She has the longest tenure of anybody previously at that position. Nobody currently working in the office wants this postion due to the amount of work. As mentioned, she was rewarded with a raise last month for her work ethic. Another lady that helps the wife out, in between seeing patients, had the same meeting about staying until 6pm, however, she was not threatened with termination. The wife confirmed with the lady that "had to do her work because she left," no work had come in on Friday after the wife left. The VP seems to be singling out the wife and is narcissistic. Did I mention the reason that 36D is "growing"? She just told her office two weeks ago she is pregnant with twins!

 

I'll answer any questions at this time. We do have a family member that is in law and we are receiving advice at this time. Just interested to see if anyone has had a similiar experience or any opinions. Stroke away...

[Phurfur 70]

No, I have always worked the required hours and never asked for special treatment so I can't help you.

[Patriotsfatboy1 1,433]

They probably are trying to circumvent the FLA. I have seen some situations where people don't hire women in their child bearing years because of the issues associated with it.

 

Shoot for 9 months of severance.

[hdaddy 18]

They probably are trying to circumvent the FLA. I have seen some situations where people don't hire women in their child bearing years because of the issues associated with it.

 

Shoot for 9 months of severance.

 

It would all go to COBRA

[Man_of_Leisure 0]

Anything in writing as far as the agreement to allow her to leave at 4:30?

Is there a time card trail?

Are you in a "right to work" state?

Is the pregnancy common knowledge?

Any kind of performance review with the recent raise?

 

Typically, the only kind of employment cases you can win have to involve some kind of discrimination. Being pregnant could qualify.

[Patriotsfatboy1 1,433]

It would all go to COBRA

 

Not if they kept her on the books during the 9 months. They want to get rid of her and the best she can do is a lawsuit. You might win, but it could be tough to prove and the lawyers will see most of the money. You have to settle for something.

[hdaddy 18]

Anything in writing as far as the agreement to allow her to leave at 4:30? Strictly verbal contract. It is well know throughout the office she leaves at approx. 4:30pm, sometimes 15-20 min later.

Is there a time card trail? None

Are you in a "right to work" state? Florida. yup

Is the pregnancy common knowledge? Only announced to her office two weeks ago.

Any kind of performance review with the recent raise? Yes. It took over a week for the two owners/ presidents to review and offer raise. No new conditions involved with the raise.

 

Typically, the only kind of employment cases you can win have to involve some kind of discrimination. Being pregnant could qualify. We're thinking this may have wheels. VP asked right after she announced "How long our you taking on disability?" I guess full 12 weeks might not have been the answer she wanted to hear.

[hdaddy 18]

Not if they kept her on the books during the 9 months. They want to get rid of her and the best she can do is a lawsuit. You might win, but it could be tough to prove and the lawyers will see most of the money. You have to settle for something.

 

It's becoming more of a "point to be made" issue than monetary gain. My wife is very good at what she does and she completes her work in a timely basis. The office goes on call as of 5:30pm. The work that comes in during this one hour is minimal and mostly non-existent. The VP is a serious cun+ and is just trying to flex. There have been past instances where my wife has shown her up and I'm sure it bites at her. Ex. The company has offices in two counties. Just recently, the company has been chosen to run a program with Aetna in PBC (Palm Beach) along with another company in PBC. The office located in another county, where the VP spends most of her time, was the only agency selected for that county (Broward). The VP told my wife that the office she is in was the only agency for that county because their work is so much better. Well during a meeting with the Aetna reps, my wife inquired why there are two agencies in the program in PBC and only one in BC. The rep replied, "PBC is bigger than BC." Nothing to do about work performed.

[Man_of_Leisure 0]

I've run a couple of businesses and I currently own my own business.

"Right to Work" is kind of a misnomer. From the employer side, you can pretty much fire anyone for any reason.

That being said, if they have asked her to work until 6 and she can't or won't they could fire her for that.

It sounds like they may angle to get her to quit, then they're off the hook.

Really not much that you can do, unless; you're of the opinion that the pressure is motivated by the pregnancy.

 

In a lawsuit the contention would be that the company terminated her because she was pregnant.

A favorable review (in writing), tied to the raise would certainly help the case.

As would testimony from fellow employees in regards to the normal working hours.

Not to bad a case, but it may be tougher if she quits rather than getting fired.

 

I'm not a lawyer, but I've dealt with them from the other end on several cases, so that's where I acquired my info.

 

You'll need to decide if it's worth your time and money.

I don't know if your wife wants to stay in this proffesion, but a lawsuit may make that difficult.

 

You have some tough decisions, especially with a child on the way.

Like I said at the start, not a lot of good options for you.

I think that I would advise her to work until 6, save your money and look for a new job.

[hdaddy 18]

I've run a couple of businesses and I currently own my own business.

"Right to Work" is kind of a misnomer. From the employer side, you can pretty much fire anyone for any reason.

That being said, if they have asked her to work until 6 and she can't or won't they could fire her for that.

It sounds like they may angle to get her to quit, then they're off the hook.

Really not much that you can do, unless; you're of the opinion that the pressure is motivated by the pregnancy.

 

In a lawsuit the contention would be that the company terminated her because she was pregnant.

A favorable review (in writing), tied to the raise would certainly help the case.

As would testimony from fellow employees in regards to the normal working hours.

Not to bad a case, but it may be tougher if she quits rather than getting fired.

 

I'm not a lawyer, but I've dealt with them from the other end on several cases, so that's where I acquired my info.

 

You'll need to decide if it's worth your time and money.

I don't know if your wife wants to stay in this proffesion, but a lawsuit may make that difficult.

 

You have some tough decisions, especially with a child on the way.

Like I said at the start, not a lot of good options for you.

I think that I would advise her to work until 6, save your money and look for a new job.

 

You definately have knowledge. A lot of what you said has been told to us. She may have to agree to the time but she could still file a claim through the EEOC. They wouldn't dare fire her during a pending claim

[phillybear 366]

Shouldn't she be barefoot and pregnant and at home anyway?

[hdaddy 18]

Shouldn't she be barefoot and pregnant and at home anyway?

 

 

Good Point

[titans&bucs&bearsohmy! 2,745]

I teach employment law, and it sounds like she quite probably has a case under the FMLA. See a lawyer that specializes in employment law. Take any and all documentation with you.

 

Good luck.

[hdaddy 18]

I teach employment law, and it sounds like she quite probably has a case under the FMLA. See a lawyer that specializes in employment law. Take any and all documentation with you.

 

Good luck.

 

 

Thanks for the input

[IGotWorms 4,063]

Sounds like they are trying to get rid of the pregnant lady. There are laws against that but unfortunately it still happens all the time because it's difficult to prove. Basically the employer can't say they are letting her go because she's pregnant. If they can find some other "legitimate" reason to let her go then they are probably set. You can try to prove that their supposed reason is pretext but that can be pretty difficult.

 

This is a tough spot to be in because normally I would say that your wife should just grin and bear it for now at her current gig while immediately seeking employment elsewhere. Problem is a lot of places are not exactly interested in hiring a pregnant woman who is likely going to be out for at least a couple of months.

[joneo 562]

It would all go to COBRA

 

 

Would that be rear wheel drive?