My job fired me and then changed their mind

I’m currently 30 weeks pregnant just shy of 31. I work for a company that put you with one individual who has disabilities. Iv been with the same individual for just over a year. This individual dose not like that I have a child already and when I found out I was pregnant was not happy at all. If I have to call out or leave early for being sick mainly because I suffer from migraines and can’t take my original prescription they then will ask how often I expect to be sick or miss work due to my pregnancy. Mind you iv only missed less then a handful of days. Last week the individual found out I won’t be back to work until after they expected me even though iv repeatedly told them a time frame of my return. And when iv tried to discuss hiring a temp person while im out they are ok with that until again recently when they said they don’t feel right hiring someone temporarily and that i should take a cut in hours when i come back for this person if they want to continue to work. Now all of a sudden iv been written up and they have informed me im fired for other reasons but then changed mind and informed me I’m not fired. I’m scared that at the meeting we are having with others from my job this week I’ll be fired because I’m not going to allow them to talk bad about me when all iv done is my job.My question is if I’m fired can I claim they are firing me due to pregnancy? I only have 7/8 weeks before im pulled from work by my doctor and this was planned for the safty and well being of ny client so i dint end up going into labor while working alone with a individual with disabilities. I honestly believe my pregnancy is the problem. The individual is the final decision in my keeping my job. If they say they don’t want to work with me I no longer work for the company as this individual actually hired me personally because we knew eachother and they needed a worker.

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Help a mama out and respond anonymously on our forum. My job fired me and then changed their mind

Talk to a lawyer. Most have free consultations, because regardless of what anyone on here says, we don’t know what company, what area. So we can’t really tell you much.

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They legally can’t fire you that’s why they reneged… I’d honestly be talking to a lawyer

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I will talk to a lawyer if I were you

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Oh dang, there is a lot of illegal actions going on here. I’d go to labour relations if no union to protect you. Mind you careful you will be red flagged for seeking help :sweat:

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Also depends if it’s a at will state. If so they can fire you for not liking your shoes. Also depending on absences and their policy they could fire you for missed days (unless you have approved Fmla). It may be your pregnancy BUT they will do whatever they need to prove it wasn’t.

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It wud be prejudice and a law suit! Unless they can prove they gave u warnings for what u were fired for

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No they can’t get a lawyer and sue the hell out of them

I’d definitely ask a lawyer. It really depends on your state and what they claim the reason is. I’d probably record the meeting.

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Unfortunately Indiana is a hire and fire at will state so they can fire you for whatever they want however if it’s due to a disability that you have or a medical issue than I do not believe that they can fire you for that so you’ll have to wait and see what their reason Is for firing you

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It really depends on where you live.

Yeah that’s a LAWSUIT

Contact labor board and an attorney.

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I hope your job doesn’t involve spelling or writing!

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Record your client saying it’s because of the pregnancy. And record your meeting!!

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It’s hard to prove they’re firing you due to pregnancy. The reason they reversed this is because they knew they could get sued by the ADA. Wouldn’t be surprised if they tried to terminate you for some false BS in the coming weeks. I had a job let me go a day before I was supposed to be in the union bc they discovered I was pregnant and didn’t wanna deal with my maternity leave. I worked in maintenance…

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Sounds to me like you should speak to a lawyer and get some legal advice. Sounds to me like they are trying to sack you due to pregnancy but also trying to find other ways so it don’t make them look like it’s due to the pregnancy. If you have not had any warnings or anything before this, then that’s all you need to know. Please seek some legal advice, and my advice would be not to have the meeting until you have got legal advice, but if you do, you are well within your rights to have someone attend with you

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I work in the same field and if the patient I have or the family no longer wants me, I would either have to be placed with another person, or be fired. If they won’t allow you to work with another patient, and they’re firing you over a pregnancy, I’d rethink that entire company. The company does have to obey the clients wishes and if they no longer want you, then it is what it is, BUT they should try to have you meet with another family. It doesn’t sound like this person is a good fit for you since you’re a parent and a new patient may be needed. Idk if you can prove their firing you strictly bc of a pregnancy but lawyers have free consultations and it can’t hurt to check in with one.

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I live in Indianapolis and went through this and I filed unemployment and the judge made them give me my job back but I didn’t take it cus they tried to send me to work in a different city so just file unemployment and 9 outta 10 they are probably coercing the client to say they don’t wanna work with you

You have a human rights issue ! I went through that and end up suing . Call the federal labour board ! You have rights you’re protected

Depending on the state, most are at will employment. So unless you have proof they fired you over pregnancy there wouldn’t be much you can do.

Why is it the client’s business if you have children or not? Your personal business is none of their business.

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if you qualify for fmla get that asap due to pregnancy related complications or your migraines. i work in the same field and when i was pregnant with my son they kept trying threaten me with my job. they wouldnt allow me to work with with restrictions so a nurse that worked directly with my dr in L&D convinced him to just take me off and put me on bedrest pretty much

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Definitely get a lawyer

They are worried about you talking to an attorney…which you should do anyway. Pray also.

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Get a lawyer.

That was way too long winded and repetitive.

Also I’ve has an ‘E’ not iv

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Talk to a lawyer they legally can’t fire you for medical reasons

Yes it does happen! I fell pregnant and had a casual job and worked in similar job role and I had to inform them early as I had a headache go risk pregnancy and after I told them i never got hours! It was quite disappointing. Hopefully works out for u x

Texas is an at will state. An employer can let you go for no reason at all. All you can do is file for unemployment and in a case like this you would probably end up being approved for unemployment benefits. Im not sure what state you are in but a word of advice is to document literally everything and file for unemployment asap.

It sounds like discrimination to me I’d look up a lawyer. They changed there mind because they knew they’d be in trouble.

Retain all documentation. Take meticulous notes and retain a lawyer.

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If you notified them that you were pregnant and you didn’t have write up issues until after the fact of them knowing, I’d personally talk with a lawyer before going back. Because they cannot fire you and then remit what they said. It sounds more like they are trying to cover up the original reasoning. I’d be talking to a lawyer

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Depends on the state. Texas I know for sure can fire at will and not have to have a reason for it. If you are in Texas just file for unemployment until you can find another job.

If they fire you can collect unemployment at least in pa . Not sure where you are. Talk to an attorney. Hugs :purple_heart:

I think its because of your pregnancy. Thats why they unfired you. This is a hard point to prove though. It also sounds like they are coming up with reasons to fire you to make it look like it wasnt because of the pregnancy.
Document EVERYTHING! How did they fire and unfire you? Email/text or by mouth? Document every conversation with them. Also tell them you will communicate via e-mail. That way it will all be in writing.

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You need a lawyer. Document everything.

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Even if it’s an at will state they can still be taken to court for Discrimination

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It all depends on where you live. I live in NC and it’s a fire-at-will state. That means that can fire you at any time and they don’t have to have a reason.

In some states the company can fire you for no reason. Find out about your state

I am guessing you are not in the UK as the employment laws here would protect you from harassment especially regarding maternity leave and returning to work. Does your employer have a Human Resource department?

File your unemployment if you can’t get your benefits from FMLA, if they fight you there, I would certainly speak with EEOC or an Attorney. I personally wouldn’t wanna work for company like that!

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I agree with others. The made a rash decision not understanding that what the did was illegal and is now backtracking. I would consult with a lawyer asap.

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This is discrimination :100:. You definitely need to hire a lawyer. They are playing games and that’s not ok. Do not let this slip under the rug. Good luck.

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As a parent of someone with disabilities who had home health, when the home health worker would call off constantly it was a red flag to me and I would ask for them not to return. My child needed someone responsible and consistent and not someone who would cancel in the morning. The client has the right to cancel services if they feel a person is not right for them. Could it be that you were removed from providing services to that specific client but not fired from the actual company?

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Just file for unemployment

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You don’t know what a question is, questions end with question marks where you ask something. You said “My job fired me and then changed their mind”…that isn’t a question, its a statement. This site has no editor, its a free-for-all regarding grammar up in here. Heres an example of what a question is : do you know what a question is? You deserve to be teased and picked on for boldly going to the internet to prove what little you know, thank you for the entertainment and have a good one! :slight_smile:

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If they say it’s for other reasons and can prove those other reasons then you don’t have much to stand on ! You would have to prove it was due to pregnancy!

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If your migraines, and pregnancy or any other health concerns are listed as an FMLA for you and documented that way when you are off, it would be unlawful to be fired and probably descriminatory to be filed for being pregnant. They fired you and back oedaled for a reason. They knew they could probably be sued. Just make sure you have FMLA issues filed at work and stay in communication in regards to any changes. Give notice ahead for any needed appointments related to documented FMLA.

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depends on the state you live in but I believe that even in no fault states you cannot be fired for pregnancy. however, do lawyer up and document everything. good luck and congrats on the baby

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Sounds like the client fired you, not the company. They have every right to do that too. Without any notice. You just might not be a good fit that person.

Call a Lawyer immediately!!! This is discrimination!

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u ha e to have proof they are firing u becuase the pregnancy. they can fire u cause your call off. depending where u live they can fire u for no reason at all

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Most state don’t need to have q reason to fire you however you should be able to get unemployment

Honestly If it’s a right to work state then they can fire you for anything as long as it isn’t based on any sort of discrimination. However, they can say they fired you for x,y, and z instead even though you know and they know the real reason. The problem is it would be very hard to prove otherwise. What they are prob going to do is start writing you up for other stupid things until
They have written proof they terminated you for that. I would save all documentation and keep a very clear record of all interactions, emails, etc… then I would consult with a lawyer because if you received no reprimands prior and have a long work history there then you may have a case, but I’m not a lawyer either :woman_shrugging: either way don’t get to stressed out because your baby is most important.

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Girl you was looking for a job when you found that one now you know don’t work for friends family or acquaintances and if you don’t have write ups for past mistakes what are they firing you for unless you are in a fire at will state like me then it doesn’t matter take your leave.

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You can not be fired for medical reasons, missing work due to pregnancy issues is medical. If they fire you, you can file unemployment. Also since you’ve been there at least a year you can file FMLA, which is 12 weeks a year.

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You got a law suit and they know get a attorney now

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Honestly, it depends on your state; if you are in a right to work state you have a lot more options that benefit you. It wouldn’t hurt to have a free consultation with an employment attorney in your area to see if you have a case worth pursuing. Sometimes the money spent fighting it doesn’t outweigh the money you’d get back; if they fire you you should have grounds to receive unemployment. It definitely wouldn’t hurt to reach out to an attorney for a free consultation.

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I would want to quit anyway the way they are treating you. I’m sure you can find another job.

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I would talk to an attorney. Describe what all has been happening and see if they are looking for excuses to get rid of you other than your pregnancy. Make sure you are missing work for reasons that are connected with your pregnancy. Does your pregnancy contribute to your migraines? If so, then that will probably make a difference. If you had migraines before you got pregnant, it could be a problem. I would keep track of every time you have had trouble at work or had to miss and make sure it had to do with pregnancy related illness or doctor’s appointments. Check out your employment record for prior write-ups and reprimands for attendance and job performance and see if they have any complaints before your pregnancy. It will probably make a difference. You’ll need an attorney to help you sort this one out.

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They’re trying to avoid a discrimination lawsuit.

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Hire an attorney. Do not meet with them without witnesses.

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We need more information.
What state? Are you self contracted?

I work in home health in Arkansas, and I am self contracted. Arkansas is already a right-to-work state, so the company I’m contracted through could fire me for any reason they decide.

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I’d call your states workforce department and talk with them. Each state is different. And even if a state has the right to fire without cause, doesn’t mean they can discriminate. Theres a line. Especially when it comes to pregnancy.

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It depends on if you live in an “at will” state or “right to work” state. Right to work you’ll have options and should talk to a lawyer. If you’re in an at will state you don’t have many options. So I’d look into that before anything. Regardless Idk if I’d even want to work for a company like that after what they did.

Depends on the state there are states that are an at will state and don’t have to give a reason to fire you and also I wouldn’t go back since they fired you and then tried to take it back

Do you live in a “At Will” state? If so, they can terminate your employment whenever they want. Just as you can. The fact that they fired you, then back peddled on it, makes me think that they can’t discriminate against you for being pregnant. Most attorneys will give free consultations. I’d talk to several and see what your options are.

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Yes. If they fire you that’s discrimination because of your pregnancy. Keep all your info and documents and communications.

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It depends on company policies. If you can’t do your duties with this client and/or safety is an issue- I’d think twice about your job. I also can understand not wanting a “temp” due to client’s emotional and/or behavior. I’d definitely get a hold of lawyer.

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Oh good luck with new lil one

Get a different job that sounds crazy

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Because maybe they didn’t have cause to fire you and know they can get into a lot of hot water if you went to the labor board over it.

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NY is an at will state. They don’t need a reason really. They can fire for whatever lol

What did they write you up for?, and don’t sign anyrhing you don’t agree with, once you signed that >that means you agree with whatever it is they wrote you up for.

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Missing a hand full of days in one year is excessive especially if you’re the only one working for a disabled person who needs care every day and depends on you. That is the responsibility you take on being a private caregiver. It takes a lot of time and effort for you and the disabled person to gain trust and confidence in each other and in your caregiving abilities. It’s not something a disabled person can easily transition to by having a new stranger in their home caring for their personal needs. The disabled person is probably nervous that you won’t come back or you’ll miss even more time after the baby. They’re probably thinking if they like this new person and spend time and effort training them and it’s a good fit for both that they may decide they want them permanently rather that having you back, which is their prerogative, and don’t what you to be able to interfere with that decision. I mean why wait for you and take chances if they find someone more flexible and efficient. Probably changed their mind about discharging you right now because they don’t want you to yell discrimination but be prepared because you may be replaced while you’re gone…and they can do that under the disability act especially since you are a private hire. I think you need another profession because that disabled person doesn’t have a choice on their condition but you do on your job options. :woman_shrugging:t3:

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Get a different job. Too much stress wondering if you will have money or get fired because you or your kid is sick. Every place is hiring right now. You deserve better

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They cannot fire you for being pregnant and you could sue them for doing that. If this is in an at will employment state they do not have to give you a reasons for for firing you. Sounds like a messy situation and be careful with what you say. Don’t give them any ammunition and take your time in answering. Good luck

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Is there an hr department? Have you applied for intermittent fmla? At my place of employment (MI) yours only allowed to miss 8 days total, that’s including the new paid sick days we’re granted from the state. I applied for intermittent fmla in case I needed to call in. MI is an “at will” state, however, they can’t fire someone for being pregnant, that’s discrimination. They can find other “excuses” to terminate you, so gather enough evidence and maybe consult an attorney.

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I’d contact the EEOC(equal employment oppurtinuity commision. I had something similar happen. I was let go while on maternity leave. My employer offered my job back but I was uncomfortable taking it because I knew they would make up another reason to fire meafter I came back. So we settled out of court for. I got 3 months pay which gave me time to find another job.

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Call the labor board , make a list of questions for them , tell them everything. ALSO make a doctors app due to all the stress this has caused you. Your employer should of done everything to help you, they failed, go cut throat , did you ever sign anything that said you wouldn’t get pregnant ?? Don’t let them get away with this!

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Sounds like a cds home maker position in which case your consumer has the right to change their worker whenever they want to regardless of their reason

Discuss this with a lawyer before your meeting if you can afford one. Find out what your rights are soon.

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Depends on the state you live in- Arizona is a “right to work” state and can fire you for absolutely no reason and they don’t necessarily have to give one either. If you think you’re being discriminated due to being pregnant, that’s an HR issue. If I were you I’d go to them directly. It may be a hassle to try and prove but if what you say is truth then they can get in trouble and maybe fined or have to pay you for whatever time was missed from fire/not fired time period. Good luck with everything and congrats on the little one!

If they said that they are doing it cause you are pregnant than yes you can. If not they can come up with any number of other reasons. And if you work in an at will state then they can fire you for no reason. You can always talk to a lawyer and see if they think anything is there. Also the person you are helping has the right to request not to see you anymore. Your company should be able to place you with someone else unless they have issues with you.

Get a lawyer & sue them. If you have medical reasons, they can’t fire you like that.
I’d also find a new job.

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They already fired you, so honestly I wouldn’t return. Tell them good luck on finding someone else to deal with that mess. They will only use you til they can get a replacement anyhow especially being they already fired you then asked you back.

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the way they’ve handled it could also be a discrimination and abuse case.

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You just said you were fired for other reasons so apparently it wasn’t because of your pregnancy but because of what ever those other reasons were

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They can’t fire you for being pregnant. But they can fire you for missing too many days of work, regardless of the reason. I’d bet you it’s not about whether to fire, it’s about whether they’d be on the hook to pay you unemployment if you’re fired. Typically, one write up isn’t enough to fire, employees have to be given the chance to change the behavior they were written up for. That’s why most corporations do a verbal, a written, final written, and then they fire the employee. They have to document REASONS for any and all write ups, and also have to have clearly set rules as to employee expectations and an employee code of conduct/ employee handbook or rulebook that outlines said expectations. If you’ve never been given something like that, have never been wrote up before, whether verbal or written, you’d have a decent case of unemployment being paid to you. My guess is, this is the reason of them renigging on the firing. Paying unemployment makes your employer’s unemployment insurance go up each time, and gets costly quickly.

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I wouldn’t go back and I would see a lawyer

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No job can legally fire u cause ur pregnant :rofl::rofl::rofl::rofl::rofl:there’s a law

I’m guessing you are a Self directed care provider? If so does the agency provide services to others in different capacities? Such as residential or day habilitation services? Maybe speak with the HR dept for the agency and see if you can transfer to one of those positions. I work for day habilitation services for a similar type of company and have actually worked in all 3 areas and with a baby on the way day hab is definitely what I would look into.

They got shitty and fired you … then someone has told them “ hey we can’t do that she could sue us “ then they turn around and unfire you . Stand your ground and as long as you havnt done anything wrong they can’t fire you

Depends on the state you live in and the laws.

If you are with a Union then have a chat with them

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Record your meeting because Oklahoma is a 1 recording state. Meaning you don’t have to tell anyone you are recording the meeting.

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