I moved to California about a year ago and have since been employed with a lumber company. I was hired as a fulltime-regular employee. I received full benefits after 90 days. I started on Sept. 1st and was considered a good enough employee to receive all of my benefits for Thanksgiving and Christmas. I had no qualms with the position until May of 2006. When I didn't receive my holiday pay for Memorial Day. Mind you, I found out I was pregnant in the middle of February and had some complications in the end of February. I started bleeding (and considering I am already high risk), my doctors were very worried that my body was threatening a miscarriage, because I was a single mother working a fulltime job and taking care of my kids by myself. They told me that they wanted me to go on bedrest and start my disability leave. I explained that I was a fulltime mom and that wasn't an option. So, they cut my hours back to 20 per week until the complications subsided or worsened at which time they would reaccess the restrictions of my employment. I was hired as an Inventory Control Clerk. Everyday I drove to one of our locations and did inventory for 8 hours and would then drive home. When the preterm bleeding started I had given my boss the original of my doctor's note that reduced my working hours due to pregnancy complications. My boss never gave it to payroll. On May 29, 2006, when reviewing the printout of my timeclock before signing it I realized that I hadn't gotten paid for Memorial Day (the 25th). When I confronted my boss and asked him why he had to research it further at which point I was told that I hadn't been maintaining fulltime hours and didn't qualify for holiday pay. I was also told that I hadn't qualified since the beginning of the year (when I had gotten paid for the 2 days for the New Year's holiday). I was told that since my hours dropped below 72 hours a payperiod for 3 consecutive payperiods that my benefits had been taken away. Mind you...all of this happened without prior written or verbal notice. When I brought up the fact that I still had been working greater than 58 hours on every payperiod and my doctor's note only allowed for 40 per payperiod they said they never got the note over in HR. My boss had never turned it in. I got a copy from the state because I had to give a copy to them for other reasons and returned it to my payroll department. At which time, that very next day, they came and found me in my office and told me I needed to clock out and go home. That I had been working too many hours. So, now I had just been told I hadn't worked enough hours to keep my benefits and then I was working too many and was a liability for them. I was sent home the moment I completed my work to a satisfactory stopping place. By now I have been moved to an office only position where I don't travel. However, by doing this they took away the $750.00 gas check that I got every month. Which is like a paycut, because I hadn't gotten any of my promised raises. When asking about the raise I was told that since the percentage of women coming back from Maternity Leave was only 20% and they weren't sure if I would be back he wouldn't be willing to ask the owner of the company (who is my boss' boss) for a raise for me. When asked again later, they said it was because I hadn't completed 6 consecutive months with constant payperiods of 72 hours or greater. Once again, this wasn't a stipulation that was ever discussed with us. We had reason to believe it was based on merit and length of employment. Now I'm approaching my one year anniversary with this company next month (Sept. 1) and I have no benefits. They conveniently didn't restart my 90 days thing until the last payperiod of July which means I will not hit my 90 day mark for benefits before I leave for my Maternity Leave (FMLA). Which is even more convenient for me because when I get back they don't have to restore me back to a fulltime position, there's no issue of benefits for me and the new baby (because I supposedly didn't qualify before I left), and they don't have to restore me to my same pay because I wasn't considered fulltime before I left. In fact, from what I understand they've done me so dirty that they don't even really have to hold my position open.

Is this discrimination? I have an appointment with the Fair Employment Commission on Sept. 7th. However, I'm really worried that my doctor's are going to take me out of work before then and I'm worried that if I'm not working up until I go on leave that it will weaken my case against this company. What else can I do? What else should I do? What would help my case at this point...do I even have a case?

Any input would be greatly appreciated. I'm so frustrated. I just got over working everday with Bronchitis and Pnemonia doubled together, because I didn't have sick leave. I was coming to work sicker than sick in and out of the ER and Labor and Delivery. I am just so stressed about this job. Everyday I come here it's something new. Some reason why I don't get this or that. It's so frustrating to be working a fulltime job with my hips separating, being in excruciating pain, being a fulltime mother, and then dealing with the question...what's going to happen with my job??

PLEASE HELP!!

Sincerely,
Dawn

The company is making a ton of mistakes, and you are protected. You have up to 4 months of Pregnancy Disability leave, and you are allowed to use it intermittently. You can work half time for eight months, and your job will still be protected.

They cannot refuse to give you a raise because other women haven't come back from maternity leave.

In the meantime, write a letter to your HR department, letting them know that you feel you are being harassed and discriminated against due to your pregnancy, and keep a copy for yourself, and a copy for the DFEH to take to your interview.

It's the owner and the head of the HR of the company that has done this with the benefits to me. If I write a letter, I'm worried that it will cause more problems. Can they retaliate (spelling?) against me for writing a letter saying that I feel I am being discriminated against? How will this letter help me? And, I have people who have offered to write letters stating that they know what's going on and they have seen the harrassment against me even before I was pregnant, but more so now that I am...will these letters help me?

They are not allowed to retaliate, and if you have a copy of a written complaint, you can prove that they are retaliating much more easily. Also, suing for harassment is much easier if you can show that you let the company know about the problem and gave them an opportunity to fix it.

No one else's letter will help, and in fact, saying that you were harassed before you were pregnant will hurt your case quite a bit.

Now, there's one other issue. The other person they are doing this to (in taking the benefits away and harassing about hours on the clock) is my co-worker who's been here two months longer than myself. They took his benefits away at the same time. We are in the same department and to be completely honest, we are the most hated department of the whole company. We get told that we are idiots and morons on a daily basis from the store managers whose inventory we have to count and give them their loss' and gains for. However, there's two distinguishing facts between the two of us...he's not pregnant and he's African American. I'm pregnant and I'm caucasian. If they try to say they are doing it to him as well and it's not just against me, but I have proof that they are allowing other people out in the yard at the corporate office and in a couple other departments keep their benefits and not come to work for their full hours...will this hurt my case? Mike isn't pleased with how he's being treated either, but we're both in a really messy position. Our boss has already informed us on numerous accounts: "I will not fire you. I do not fire people. I make their jobs so tedious and such hell that they quit before I have to fire them. I know my way around the system. I know that if you don't clock in at the right time and you're trying to get me to fire you, I can consider that job abandonment. I will not pay unemployment." I know that when the Fair Employment Commission starts my investigation my life will be "Hell" with this company. To be completely honest, it already is. What can I do to ensure that I am on the up and up and I'm not giving them anything to use against me? Also, what do you mean that I can use my FMLA leave intermittently and it can apply to those part time hours that I was working for a while there?

I appreciate all of your advice and guidance and I assure you I will be following it word for word as I can't talk about this situation to anyone around me, because I'm worried that it will get back to my boss (who is the brother-in-law to the VP of the company) and since I know he's willing to do anything it takes to make sure I look like I'm the one who has hurt my position with this company...I'm scared. I don't like confrontation and to be even more brutal, I hate to make people angry. I will be honest. However, I don't like arguments (specially since I'm pregnant). I can't handle the stress. What will happen when they are informed of the investigation (if the FEC decides to do one)? Will this company even be informed of the investigation?

What all do I need to prove my case to the Fair Employment Commission? I have their interview paper that they mailed to me. I have to write the letter to the HR Manager. I will get a copy of all of my payroll hours since I've been with this company. No letters from people, I understand.

I am thankful for finding this board...because I haven't had anyone that would answer my questions and when I had originally spoke with the lady that set up my appointment with the Fair Employment Commission she said that they were within their legal rights to take my benefits. I sincerely appreciate your help and your kindness. This is one situation in which I feel I have no control and that's frightening.

Thankyou.
Sincerely,
Dawn

Did they give you an opportunity to continue your benefits if you paid for them yourself? If not, they are likely violating your COBRA rights as well.

The fact that they took away benefits from an African American won't affect your "case". The pregnancy rights that you are afforded cannot be compromised by a policy that they created.

What I am saying is that your job is protected for the time you took off (half a week off per week). If they don't allow you to take that time, they are interfering with your rights to FMLA and PDL. Likewise, they are not allowed to harass or disipline you for using that time. I believe that FMLA requires that you keep your benefits as well, but I don't know a lot about benefits.

As for my insurance...they actually just transferred to another carrier and when I asked where my packet was they said I don't get one because I'm not considered fulltime. So, no they didn't offer the insurance to me.

Secondly, I didn't imagine Mike's case would affect mine...I'm just worried that they will try to say "well, we did it to him and he's not pregnant and he's in the same department as you". I guess it's all needless worrying.

I just need to write my letter to HR and get things moving. If you have any more advice on what I should take with me to my appointment to strengthen my case that would be wonderful. Also, any guidance you can give with my HR letter would be greatly appreciated. I want to word it properly without bias and yet still be able to state my feelings as they are applicable to this situation.

Your feelings aren't applicable to this situation at all. Leave all emotion out of it.

Dear HR:
This is to inform you that I believe that various recent actions on the part of the company constitute harassment and discrimination due to my pregnancy and need for medical leave. These actions include . . .. Please inform me, in writing, of what steps the company intends to take to remedy this situation. I look forward to your response.

Very truly yours,
mommyin90204

We are now walking just a little closer to giving specific advice than I am comfortable with.

Even though they have given me countless excuses such as the employee handbook saying anything below 32 hours or below constitutes part-time and blah blah blah....will this make me look like an idiot, because they've already tried to cover their behinds with incorrect answers?

I mean, I have approached my manager and the woman in charge of payroll has been the one to talk about the hours not being enough by 3 payperiods. My boss has talked with the owner of the company who claimed he had stated to reinstate my benefits and to make sure that our department pulls 40 hours or we will be written up (which brings me to another thing I forgot...recently they made us sign a whole new thing saying that we would work 40 hours per week). This company is owned by two men. One of which works in the office next to mine and the other works downstairs. They work directly with head of HR (Dan) and this has all been information they have all been privy to. They are aware that I feel this is wrong, because I have made such a fuss about it.

Is this basically for my own records and for my interview? Because there's nothing that's going to be changed, because the've not cared about what they've done wrong up until this point.

AND.....do I have to have a doctor's note saying that I should work part time hours in order to use the FMLA time? Because they made me get another note from my doctor saying that I could work full time hours so that I could come back to work, because they were only letting me work 4 hours per day when they pulled the "you have worked too many hours and have been a liabilty to this company".

Would constructive termination come into play as her manager has said he makes it hell for people so they quit?

The company is within its rights to offer benefits to only full-time employees. Where your company is mistaken is that your current working hours are not part-hours as much as they are full-time hours with intermittent protected FMLA/Pregnancy leave hours used. The paper that they made you sign is worthless if you have to take protected leave time. As long as you do not go past your maximum FMLA time, your job and benefits must be protected.

If they are trying to protect their behinds, they are doing a lousy job of it. I would recommend that you keep your DFEH appointment. The DFEH representative will help you to assess the situation. You should have your benefits reinstated and should be allowed to take the intemittent leave time. You probably should speak directly with your HR rep to make sure that they understand that you are using your protected FMLA rights (assuming that your company employs over 50 people). If you want to do it in writing, I agree with Megan's suggestion to leave emotion out of it where possible. The facts support you without you having to show how upset you are. Good luck.

Would constructive termination come into play as her manager has said he makes it hell for people so they quit?

I would never, ever encourage someone to quit and pursue a constructive discharge claim.

Generally speaking, if a person has a discrimination, harassment, retaliation, or wrongful termination claim, there are two things they can do that significantly lower the value of the case. The first is to quit rather than letting the company fire them, and the second is to not have a written paper trail that they complained about the illegal behavior. I almost never take a case if either of these is true- the case is just not worth that much.

Okay, I wrote my letter. I used the format that Megan had suggested. Here it is:

Dear (company name deleted by moderator). HR:

This is to inform you that I believe that various recent actions on the part of (company name deleted by moderator). constitute harassment and discrimination due to my pregnancy and need for medical leave. These actions include the denial of paid holiday, vacation, and sick leave. The denial of my participation in the company Health Insurance and Dental program. The denial of my pay raise. Also, the afore stated requirement for me to re-complete my 90 day probationary period as a fulltime employee to regain the afore mentioned benefits. Please inform me, in writing, of what steps the company intends to take to remedy this situation. I look forward to your response.

Very Truly Yours,
(poster's name)

I have had this notarized (I don't know if this helps any, but I believe it can't hurt). I will be turning it into the HR Department Head tomorrow, because he will not be here today and wasn't here yesterday. I have also made copies of my doctor's notes, pregnancy verification, and expected due date papers so that I can give them an additional copy as well. So, they can't say that they weren't aware of the pregnancy or anything like that.

My hips are starting to separate even more and it's getting a lot more painful to get up and down my stairs to my office. I have asked them to put in another railing on the other side so that I can use my left side when I go down the stairs and they said they would, but obviously it's going to take some time. I am really trying to hold out with my job until I have my appointment with the F.E.C., because I don't want anything to weaken my standpoint with this company and I don't want to give them any amunition against me. However, I don't know if I am going to make it that far. I can hardly walk.

So, I greatly appreciate all the input, knowledge, and suggestions that everyone has given me. I am so very thankful for this board, because I was left out in the dark. No lawyer would talk to me until I had the "Right to Sue" paperwork and the Fair Employment Commission wouldn't talk to me until my appointment. I felt like I was at an extreme loss.

Thank-you.

If there's anything else that anyone can think of to aide me in my efforts I would greatly appreciate any advice or suggestions.

Sincerely,
Dawn

I am a notary public. Unless CA is very different from my state, all that notarizing the letter does is confirm that you are the person who signed the letter. It does not affect anything to do with the letter itself.

I recommend that you edit your post to remove your name and the company's name, just to be safe. It sounds good, though.

Yeah, sorry. I didn't even think to take out that information...thanks tons!!