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Old 10-02-2005, 09:01 PM
tirzahva tirzahva is offline
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Default laid of for being pregnant in Texas

I worked for my former employer for 8 months before i became pregnant with my 4th child. When i was about 4 months along i asked the Assit. GM how I go about planning for my leave, (1 month). She told me they did not have to give me maternity leave, what they would do was fire me so i could get uneployment. i told her i did not want to do that, i would do the FMLA. She said that maternity leave was not covered by FMLA I told her it was and that was what I would prefer to do. When I had 2 monthes left to go I was called in and told I was being laid off. I asked why me (i had been there longer than 2 other people) I was told it was because was pregnant. That if they laid someone else off they would lose 2 people. I was given a letter that stated I would be brought back before they hired anyone else. A few days later I went to talk to the GM again. He started yelling and told me it's because you pregnant. Hr then brought in 2 supervisors and told them the same thing. Because he was so upset he ended the meeting by saying "lets just go by what your parting letter said". I went in to premature labor 1 week later. After i came home I called my supervisor to tell him the baby had been born and i would beable to in as soon as 2 weeks. at that time he told me i had been fired and they had already hired 2 other people. I went to the EEOC and filed against them but am still waiting to hear from them. I have read different cases that are about the same and they all come out a different way. Do i have a case? Can someone give me some advice? also I was to be a former employee that they turned information in to the EEOC saying that i was not laid off nor fired that i quit. But i filed for unemployment 2 months after this happened and that was under being laid off. So now they are not telling the truth.
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Old 10-03-2005, 12:03 PM
cbg cbg is offline
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Your supervisor was wrong; FMLA most certainly can be taken with regards to maternity leave.

However, if you had only worked for the company for eight months, you were not yet eligible for FMLA.

That being said, it is illegal to select someone for layoff or termination because they are pregnant.

You cannot file any kind of lawsuit until the EEOC has issued you a right-to-sue letter; right now the only action you can take is wait for that.
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Old 10-03-2005, 08:42 PM
tirzahva tirzahva is offline
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i understand that. i got pregnant after working there 8 months. I was pregnant for 7. That equals 14 months of employment. My concern is that my company will be sold in a few months. They will be moving to a different location if they can uptain a new building. My concern is if "THAT COMPANY"
is no longer there can i still file a law suite? I will say that it is a hotel. Not a chane but the owner owns several different hotels. would the law suite need to take place before it was sold?
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