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Do I have a case or not?

Category: Law & Legal

yuyuyuyu


Been working for a small company for a year, never taken vacation time or been absent. I have been a dedicated employee and my boss and his wife would take vacations and leave me to run the business. At the beginning of employment, they asked me if I was planning to have a family and replied "no" because they would discriminate against me. Well, anyway I discovered I was pregnant and never told them because I knew what the repercussions would be and I needed the money. After they found out I was pregnant they decided to Lay me off Via email and this was during my bereavement. I thought it was cold hearted of them to communicate via email whereas they could have talked to me face top face or written a formal letter. My boss told me I would have employment despite my pregnancy then changed his tune by saying business is "slow", which to me is just an excuse as they know it would be illegal to come out and say "we don't need you due to pregnancy" I'm healthy and still should be working as my baby is due in July. I am therefore getting a lawyer involved as I feel as misled , used and abused by these people. Do you think I have a case. I sent my boss a letter telling him exactly what I thought and he still hasn't replied. What should I do?

michr
michr

NO you do NOT have a case.....

it is NOT illegal for them to say "we don't need you due to pregnancy" because they are NOT covered by the laws and regulations that relate to this.....

http://www.eeoc.gov

how do you intend to pay for an attorney?

attorney's who work on contingency (get paid out of the settlement) do so for their FEE, you will be charged for all out of pocket expenses win-or-lose...

attorneys do NOT work for free, be very clear about your fee agreement if you decide to go down this road. many attorneys are NOT as clear as they could be on the payment agreement.... many people seem to think that attorneys who work on contingency do so because they think you will win, that is NOT always the case, attorneys know that regardless of if you win they will get paid, if you win they get paid much more but either way they get paid.... do not be fooled........

cainvest1
cainvest1

Yes you have a case and you should stop all communication with your ex-boss and let your attorney handle it.

Good luck!

Prorkycake
Prorkycake

My honest opinion? I don't think it is financially worth it. What do you hope to gain from this? A big settlement? Or your job back? You will need to prove that you were in fact discriminated against because of your pregnancy. If they have any proof that "business is slow", then you don't have a leg to stand on. All he has to do is show a decline in business from last year to this year, and in this economy, that isn't going to be hard.

In the end, the fact that you never took vacation or been absent, in the grand scheme of things, means nothing. Those were personal choices.

As for them communicating with you via email. It isn't illegal. Tacky, maybe, but not illegal. They did nothing wrong in the eyes of the law. I actually think this is a good thing that they laid you off. Just because it is in email doesn't mean you can't print it off and take it down to the unemployment office while you look for other work. Getting unemployment is usually harder if you were "fired".

I think your feelings are hurt and you just want to be vindictive. There is nothing to gain here as I personally don't see how an attorney can prove beyond a shadow of a doubt to a jury that you were solely let go because of pregnancy. ESPECIALLY if they have financials that corroborate their side of the story.

Again, I ask...what do you hope to gain from this? If you get your job back, do you really want to work with those kind of people? A big settlement? Not likely. Not to mention, are you prepared to shell out $300 to file the suit and the hourly rate to proceed with litigation? This isn't really something attorneys take on contingency.

It is unfortunate, but no. I don't think you have a case, but I am not an attorney and you are always free to consult with one.

Judy
Judy

Coldhearted, maybe. Illegal, probably not.


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