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    Baiteh's Avatar
    Baiteh Posts: 28, Reputation: 1
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    #1

    Nov 13, 2014, 11:22 PM
    Wrongfully terminated, and won't get a job anywhere
    Hi forum, I was let go from my place of work because one of my family members was sick and needed immediate attention.I had to get off work immediately on that day to go help out .
    I filed a discrimination case and I believe this record is public.No adjudication yet .Hearings yet to come.
    In the meantime I have tried to apply for jobs that am terminally qualified only to be dropped in the final stages of my interviewing process .Are they running me up on background checks and then stumble on this case ?Though I know they won't let me know ?I am still unemployed for all the wrong assumptions on the part of my former employer and this is very frustrating.Kindly advise
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 14, 2014, 06:11 AM
    First, did you leave work with permission? I'm curious as to how you think you were discriminated against. I really don't see a wrongful termination here.

    But yes, it possible you are getting a bad reference from the former employer. You might try getting a friend to call them pretending to be a prospective employer and see what they are saying.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #3

    Nov 14, 2014, 07:36 AM
    I'm not sure how you were discriminated against. Was it your race, sex, religious affiliation?

    What might be hurting you is that you filed suit when you may not have actually been discriminated against.
    Baiteh's Avatar
    Baiteh Posts: 28, Reputation: 1
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    #4

    Nov 14, 2014, 09:12 AM
    Let me clarify, I was 5 months pregnant and upon issuing my maternity leave notice which was 3to 4 mon the down the road, was terminated 6 days later. Hope this helps in responding.Thanks
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #5

    Nov 14, 2014, 09:21 AM
    I'm trying to put the pieces together. Did someone else in your family get sick and you left immediately? You think you got fired because you were pregnant?

    The devil is in the details. To give you a proper answer we need to know as much as possible.

    Do you live I the US? Were you employed under a contract?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 14, 2014, 09:27 AM
    As J_9 said, the details are important. We asked some questions that you did not answer. The key being did you get permission to leave? What reason were you given for the termination? When did this happen? If you are still pregnant do you wonder why employers are not hiring? And any question on law needs to include your general locale as laws vary by area.
    Baiteh's Avatar
    Baiteh Posts: 28, Reputation: 1
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    #7

    Nov 14, 2014, 09:43 AM
    Had an I'll child admitted to hospital 6 days after I gave notice and thus requested to leave work early that afternoon and was the last day I stepped foot there... terminare via email and later called. This was last year Feb.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #8

    Nov 14, 2014, 09:57 AM
    Where are you geographically? Are you in the US?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Nov 14, 2014, 10:59 AM
    If you want our help you need to answer our questions. You still haven't told us whether you got permission to leave or not, what reason was given for termination, where you are and a lot of the other questions we asked.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Nov 14, 2014, 02:05 PM
    OP indicated that she gave notice (presumably that she would need maternity leave), and several days later, when she had to leave because her child was hospitalized, she was fired. It is unclear whether her appeal involves the Family Medical Leave Act or not.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Nov 14, 2014, 02:53 PM
    OP indicated that she gave notice (presumably that she would need maternity leave), and several days later, when she had to leave because her child was hospitalized, she was fired. It is unclear whether her appeal involves the Family Medical Leave Act or not.
    I agree, but there is still a question of whether she received permission to leave to take care of the child requiring hospitalization. If such permission was not obtained and she simply walked off the job, that would be sufficient in many instances for termination. Termination because of pregnancy would violate FMLA. But walking off the job would have given then a good excuse.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #12

    Nov 14, 2014, 07:18 PM
    If in the US you may have been an at will employee. Also we don't know your work history with that company. How long were you employed there?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #13

    Nov 14, 2014, 08:30 PM
    If they are covered by FMLA, not everyone is, it requires a certain amount of time on job, and a certain number of employees. I have worked at many businesses that were not covered under the law.

    Also, they have to prove, why they were terminated, Also, how much prior absence were there. If a child sick this time, but they have missed 20 days in the year already, no matter what the reason, an absence even for a reason, can be terminated, if those were not ask for by official leave.

    To be honest, the pregnancy seems to have no bearing here, and if it did, she will have to prove that was the reason, and that is almost impossible. Do they have a history of firing pregnant women, where in writing, or what manager will testify that was the reason.

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