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    Take it or Fight It?

    Scheduled Pinned Locked Moved IT Careers
    26 Posts 9 Posters 2.8k Views
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    • DustinB3403D
      DustinB3403
      last edited by DustinB3403

      Pulled from here:

      a few people may be familar with my situation. Have an issue with a boss harrassing me and the company not stopping it. After the recent incident, i have been offered a month and a halfs pay to leave quietly in a month. They say they cant offer more. They also said if i try to stick it out, that the maternity leave policy will probably be changed so i have to come back and work for a certain amount of time after taking the leave. Im 5 months pregnant so a month and a half of pay after working a month still leaves me 4 or 5 months without pay that i would have had if my boss wasnt harrassing me... and ive done nothing wrong.

      Lawyers will take my case but we cant afford for me to be out of work, and no one will hire me 5 months pregnant...

      Im just tired of dealing with this. I want to bail. If they offered me 5 months of pay, id chew off my own leg and jump ship at this point... husband wants the lawyer route though. Im just tired.

      What would anyone else do? Anyone hiring in Atlanta? Lol..

      DanpD 1 Reply Last reply Reply Quote 0
      • DustinB3403D
        DustinB3403
        last edited by

        So very simply, if I were pregnant (not possible of course) I'd take my legal maternity leave, and sue the employer for not addressing the issue.

        If there are documented cases of harassment taking place and the company ownership / management is aware of this and not doing something about it, you are entitled to have the issue addressed (usually in monetary compensation).

        While nearing the end of your leave, assuming you are able look for new work, nothing can legally stop you from doing this.
        Quit the day you return to the office from maternity leave.

        1 Reply Last reply Reply Quote 1
        • DanpD
          Danp @DustinB3403
          last edited by

          @DustinB3403 Didn't catch the initial "Pulled from here" line upon first reading. Had no idea you were pregnant! LOL

          coliverC 1 Reply Last reply Reply Quote 1
          • coliverC
            coliver @Danp
            last edited by

            @Danp said in Take it or Fight It?:

            @DustinB3403 Didn't catch the initial "Pulled from here" line upon first reading. Had no idea you were pregnant! LOL

            I was going to say the same thing!

            1 Reply Last reply Reply Quote 3
            • Minion QueenM
              Minion Queen
              last edited by

              I did have to read the OP more than once cause HUH????

              1 Reply Last reply Reply Quote 3
              • DustinB3403D
                DustinB3403
                last edited by DustinB3403

                Anyone else have input on this for Kayere (Meagan)?

                1 Reply Last reply Reply Quote 0
                • DashrenderD
                  Dashrender
                  last edited by

                  i have been offered a month and a halfs pay to leave quietly in a month.

                  what does this mean? That she's been offered a severance if she quits?
                  Or she's been offered some free money if she takes maternity leave in one month?

                  still leaves me 4 or 5 months without pay that i would have had if my boss wasnt harrassing me

                  This sounds like they are trying to make her quit. Isnt' that illegal?

                  Is this a case where she won't be working in either case come 1 month from now? If that's the case, I'd say she keep working and wait to get fired - then she'll be jobless and sue them for harassment and possible maternity issues.

                  scottalanmillerS 1 Reply Last reply Reply Quote 1
                  • DanpD
                    Danp
                    last edited by

                    Sounds to me like there are several different issues (harrassment, discrimination) here. I would not quit or take their offer. I would hire an attorney and fight for an acceptable settlement.

                    1 Reply Last reply Reply Quote 1
                    • Minion QueenM
                      Minion Queen
                      last edited by

                      I have a unique perspective here since I have actually worked while pregnant etc. TALK TO A LAYWER!! They are trying to sweep something that I hope you have documented in writing and sweep it under the rug.

                      The maternity leave thing yeah they are threatening to do something they can't do... last minute to try and get rid of you. The whole entire things stinks and needs so legal intervention.

                      It can't hurt to just talk to a lawyer and see if there is anything they can do to help you.

                      1 Reply Last reply Reply Quote 3
                      • gjacobseG
                        gjacobse
                        last edited by

                        I haven't read it yet, But Some companies do allow for the spouse - husband - to take maternity leave as well.. Limited,.. but it does happen.

                        DustinB3403D 1 Reply Last reply Reply Quote 1
                        • DustinB3403D
                          DustinB3403
                          last edited by

                          Yeah, my stance on this is, "I'm pregnant and being harassed at work". Document the incidents in email, work till your due, take your legal maternity leave and sue them for failing to protect you and stop the harassment.

                          1 Reply Last reply Reply Quote 1
                          • DustinB3403D
                            DustinB3403 @gjacobse
                            last edited by

                            @gjacobse said in Take it or Fight It?:

                            I haven't read it yet, But Some companies do allow for the spouse - husband - to take maternity leave as well.. Limited,.. but it does happen.

                            In NY this is a legal right. A few other states as well. It's Family Maternity leave or something like that. 12 weeks is provided legally.

                            1 Reply Last reply Reply Quote 1
                            • DustinB3403D
                              DustinB3403
                              last edited by DustinB3403

                              It's called Family-Leave policy and it doesn't apply to just pregnancy.

                              But family health, adoption etc.

                              1 Reply Last reply Reply Quote 0
                              • DashrenderD
                                Dashrender
                                last edited by

                                it sounds like she doesn't want to take the max amount of time for maternity leave, she only wants to take what she needs... so that's not the important part from what I see.

                                Perhaps they are trying to get her to quit before she goes on leave, so they can just hire someone else who doesn't have kids to worry about.

                                1 Reply Last reply Reply Quote 0
                                • DanpD
                                  Danp
                                  last edited by

                                  Depending on company size, she may be covered by FMLA.

                                  1 Reply Last reply Reply Quote 0
                                  • DustinB3403D
                                    DustinB3403
                                    last edited by

                                    Well she is already covered under employee protection laws and maternity laws.

                                    If in fact the company is trying to get her to quit through inaction on their part they are liable for lost wages, maternity insurance and coverage, and existing benefits. Of which they would be forced to pay in any court.

                                    She seems like she'd be content to continue working at her existing job, but she wants the harassment to stop.

                                    DanpD 1 Reply Last reply Reply Quote 0
                                    • DanpD
                                      Danp @DustinB3403
                                      last edited by

                                      @DustinB3403 Chances are that they will try to find a way to get rid of her. Reminds me of the movie Disclosure.

                                      1 Reply Last reply Reply Quote 0
                                      • BRRABillB
                                        BRRABill
                                        last edited by

                                        It can be very tough to prove stuff unless there is a real smoking gun.

                                        I'd maybe counter and threaten going to a lawyer. It will probably cost them way more, but employers are stubborn.

                                        1 Reply Last reply Reply Quote 1
                                        • DashrenderD
                                          Dashrender
                                          last edited by

                                          If she has no copies of the complaints today, then she needs to visit HR again, make another complaint, and demand a copy of the filed complaint. That should be more than enough documentation. At the same time, she can request copies of the previous complaints as well, but they may choose not to accept that.

                                          If they refuse to give a copy of the complaint, send an email to HR confirming the same stuff as listed in the complaint, then print it off and and take it home.

                                          1 Reply Last reply Reply Quote 1
                                          • BRRABillB
                                            BRRABill
                                            last edited by

                                            I'd be surprised if HR would document something such as "this person is harassing our employee".

                                            It wouldn't be acceptable.

                                            "Don keeps grabbing Dolores in the naughty bits. We've told him to stop, but he won't. Not sure what else we can do." Signed, HR

                                            scottalanmillerS 1 Reply Last reply Reply Quote 0
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