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View Full Version : My husband lost job due to my bedrest New York


mrsbon
02-07-2008, 10:02 AM
Hello - thanks for your time in reading this. My husband was recently offered a position with a competitor of his previous company. He took a risk and left a stable job of 5 years and was also in a union.

When he took the new position, they were aware that I was expecting. During my first trimester of pregnancy, I needed to have an emergency surgery procedure to save the baby and was placed on bedrest for 5 weeks. During that time, I needed my husband to take me to my weekly doctors visits. So he asked his job ahead of time if this was okay and they said no problem. He left early on Fridays but made up for 2 hours missed during the week either after work or during lunch.

He worked at the new job for 2 months and just last week they called him up on the phone before he got to work and told him that it wasn't working out and they let him go. They specifically mentioned that he seems to have a lot going on with his wife right now and he should take care of that and that they were sorry.

Is there anything we should do legally or should we just suck it up? I feel this was an unjust way to be let go from an employer considering the circumstances and the fact that they knew we were expecting and that my husband left a union job and stable position. Also, the Friday before he was let go was the last Friday he needed to leave early so he had no early Friday departures pending. They are a small company with less than 20 employees and they still owe my husband 6 hours of overtime pay.

I appreciate any response. Thanks in advance.

Regards,
Bonnie

ElleMD
02-07-2008, 12:05 PM
Sorry but it isn't illegal to let him go if he needed time off as that time was not protected by law. It stinks but it is legal.

mrsbon
02-07-2008, 01:52 PM
Thanks for your response.

However, it would still be illegal even if they came to the arrangement that he would make up the 2 hours during the week? They agreed to the time off and allowed him to work through lunch. He was the only one working through lunch to make up the time. They could've also said no and I would have found someone else to take me to the hospital but they said it was okay and then fired him for it.

cbg
02-07-2008, 02:03 PM
Since he had only been with the company for two months, missing time is not protected, regardless of the reason. Whether he did or did not make up the time does not change that. It was not illegal for them to term him.

It may or may not have been unfair for them to term him after initially approving the time. Based on what you have posted, it was not illegal.

ElleMD
02-07-2008, 02:06 PM
Yes it is still legal. Was when you shared it the first time. Is now.

mrsbon
02-07-2008, 05:41 PM
CPG - Thank you for your kind response.

ElleMD - I just wanted to be sure we were on the same page with that small detail and I apologize if it was too much trouble for you to re-clarify.

I appreciate both of your time.

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