Well ladies are you ready for this today was suppose to be my first day back to work well last night I got the call not to come in the were laying me off. Today I find out that my boss said it was due to poor work performance in the last 6-8 months. I have beenthere almost 4 yrs and in the last 6-8 that I was there I was pregnant and having a rough time of course my work is going to suffer some but what I don't understand is I have my yrly review in Nov-03 and it was a pretty good review. So how in the 4 weeks from my review until I went off on maternity did my work turn so bad that he didn't want me back. He was so understanding when I was missing because of the pregnancy and now he terminates me. Yes I can get unemployememnt but it will be a month before I can get a check and we will never make it that long stuff will get shut off and I will not even be close to making ends meet.

Plus now when the agency trys to place me on a new assignment at Ford's it will be hard with what he told her towards my performance.

I am really scared ladies.

By Ladypeacek on Friday, April 30, 2004 - 01:10 pm:

WOW...SO sorry!!! Are you sure that he can do that? It sounds a little unfair. You can't be fired due to medical issues, including pregnancy, and anyone with a brain would know that of course a woman can not be top notch when they are pregnant! They also should not be able to use what he said to keep you from getting a job, i do know that is illegal! If they could no one would have jobs, we have all had a job where our performance was less than perfect! I will keep your family in my prayers, and please keep us posted on how things are going!

By Mommyof4 on Friday, April 30, 2004 - 01:30 pm:

Something very similar happened to my sister when she had her last baby a year ago. She had been with this company over 15 years and the day she went back to work after maternity leave they told her they were downsizing and that the people who had picked up the slack during her maternity leave were going to continue to assume her responsibilies.

I'm so sorry this happened to you.

By Marg on Friday, April 30, 2004 - 02:07 pm:

(((Tonya)))

I know exactly how you feel. When mom found out she had cancer, I requested a good bit of time off, he said ok, it was only an office of 4, and in the summer we were slow anyway. I would come and go and get my work done and take care of mom. Well on 9/4/01 when I went back fulltime, he laid me off saying the exact same thing your boss said, poor work performance, etc. I did all my work, got it done on time.

There were many underlying factors. I was the highest paid besides my boss, and he wanted his son to be in that position and he didn't think I was worth my money though I was there 15+ years and put in 65+ hours during tax season.

I never went back to work, found out mom was dying, fell over my dog, had to have an operation. It was God's blessing in my case to be laid off/fired whatever. My mom came to live with us and I took care of her until she passed away.

We live off dh's income. It is below poverty level, I don't know how we make it, it is by the Grace of God. I don't know if I will ever go back. My boss was very demeaning and my self-esteem has gone through the floor. He thought women were worthless. I heard after I left that one of the previous women who worked there was going to place sexual harassment charges against him. I guess I was getting too old for his taste in women;)

Now, I'm just rattling on, I'll pray for you and God will show you a path, just have faith! I know it's easier said than done!

By Emily7 on Friday, April 30, 2004 - 02:30 pm:

I am sorry to hear that this happened to you. I have never had to go on maternity leave, but I thought they had to let you come back. I always let materity leave people come back. But then, when I hired the person that took over their position I made sure they new it was temp unless something else came up.

I will keep ypu & your family in my thoughts

By Amecmom on Friday, April 30, 2004 - 02:40 pm:

Please contact a lawyer that specializes in employment law or discrimination cases. The consultation should be free. If your boss has truly done this to you without true cause, then you do have recourse. Call an attorney.
I'm so sorry this happened. It makes me so angry when people take advantage of others.
Ame

By Cat on Friday, April 30, 2004 - 03:03 pm:

{{{{{Tonya}}}}} I'm so sorry this is happening to you. It just doesn't seem right. Hugs and prayers.

By Debbie on Friday, April 30, 2004 - 03:06 pm:

Tonya, you need to find out what the company policy is on termination. Most companies can not just fire you without warning because of poor work performance. Most have some type of disciplinary action that they take. For example at the company I used to work for if your performance was bad, there were "steps of discipline" First, you were given a verbal warning. If the behavior continued, you were given a written warning. If it still continued then you were given a day off to decide if you still wanted your job. Only after these steps were done and documented in your file, could you be fired. So, if your boss never discussed your poor work performance, then I don't see how he could fire you for this. Also, they can not terminate your job because you are out on leave. I can't remember, were you permanent with Ford, or are you still working for the temp agency??? I would definitely talk to someone about this. Good luck. I hope things get worked out for you soon.

By Coopaveryben on Friday, April 30, 2004 - 03:21 pm:

Tonya, I'm sorry to hear that. This happened to me and it is very scary. If you call the people you owe bills to Utilities and Phone Company and such and explain your situation they will work with you.

I am a firm believer that these things happen for a reason, just hang in there brighter things are on their way.

(((hugs)))

By Clair~moderator on Friday, April 30, 2004 - 04:27 pm:

I am very sorry Tonya

I do think it's worth looking into why they made the choice to terminate your employment.

I hope things are looking up for you soon.

By Kernkate on Friday, April 30, 2004 - 04:48 pm:

{{Tonya}} I know how you are feeling. When I was pregnant 4 years ago I was working at the local phone company for 3 years at that point. I was 3 months pregnant and the boss layed me off, stating that he was no longer in need of a full time switch board person. I was a mess. I know he layed me off because I was expecting and heard form another co-worker that it was said that we me having the baby it would be too much over head??? Probably meaning insurance wise. I was going to fight it but by the time I got a lawyer and the company would only have a better one, I didn't fight.
It a tough thing to go through and I feel very bad for you because I know how upset I was.
Hope things will look up for you. And check into the companies termination policy that was an excellent suggestion.

By Yjja123 on Friday, April 30, 2004 - 06:06 pm:

DO NOT TAKE THIS SITTING DOWN--THEY ARE IN THE WRONG AND YOU NEED TO REPORT THEM!
From a legal website:
If you are able to return to your job, your employer should allow you to return. If you have any questions, call the US DOL Wage and Hour Office in your state and file a complaint.

The following is from the FMLA regulations that appear in Title 29 part 825 of the Code of Federal Regulations.


An employee may only take FMLA leave for reasons that qualify under the Act, and may not be required to take more leave than is necessary to respond to the need for FMLA leave. If circumstances change and the employee no longer has a need for FMLA leave (which could include a parent's changed decision not to stay home with a newborn child as long as originally planned), the employee's FMLA leave is concluded and the employee has an absolute right under the law to be promptly restored to his or her original or an equivalent position of employment.
Sec. 825

By Ginny~moderator on Friday, April 30, 2004 - 06:37 pm:

Tonya, I agree. Contact a lawyer who specializes in employment law. This may well be discrimination because of your pregnancy. And, if you can lay your hands on the employee manual, see what it says about discharging people.

The phrase "lay off" usually means that people were "laid off" because of lack of work or change of work needs. Sounds to me like you were "discharged" or "fired", a totally different thing.

By Lauram on Friday, April 30, 2004 - 07:27 pm:

I agree with Ginny. You can't get laid off because of poor work performance. That's being fired. I believe if you are fired, you are not eligible for unemployment. I also agree that if you are laid off, and you are returning from maternity leave, that is illegal. You need to be restored a position "equal" to the one you had (not necessarily the same one however- that happened to me when I went back after ds#2). Did you take 12 weeks or less? Had you been there more than 12 months? Are there more than 50 employees?

By Tonya on Friday, April 30, 2004 - 07:50 pm:

They did it as a lay off not a fire but when my rep asked why she was told due to my performance. But they did it as a lay off and say due to headcount issues.

I have been with this boss almost 4 yrs now I was off work for 13 or 14 weeks. The baby is 10 weeks tomorrow and I was off work for 2-4 weeks before the baby was born. But I was off this long with approval from my boss and was told my job was there when I came back and they had a temp in my place until I came back. The temps lsat day was yesterday and my first day was to be today.

I talked to me boss today and he told me I was layed off due to performance that in the last 2 yrs allot of personal things have interfered with my job and I asked him why he never said anything to me and he said he was waiting it out to see if things changed.

By Conni on Friday, April 30, 2004 - 07:50 pm:

Tonya were you a temporary employee hired thru a temp agency?

By Bobbie on Friday, April 30, 2004 - 08:16 pm:

Sorry to hear this Tonya. You and your family are in my thoughts. When there is will there is a way. You will figure out what to do, I know you will. Big warm hugs...

By Momaroze on Friday, April 30, 2004 - 10:35 pm:

Unfair!

Sorry, very sorry to hear this. I have to agree with the above. I am trying to write something here but I am in a tail spin. No rhyme or reason, sounds like he is just plain ignorant! I am pro-union, at least if your in a union you are somewhat protected from crap like this.

When one door closes another is opened. Maybe what happened is for the better. Who knows.

Best wishes to you and yours.

By Palmbchprincess on Saturday, May 1, 2004 - 03:12 am:

Tonya,
I'm very sorry to hear this... hopefully things work out soon. I think you have gotten some great advice so far, and agree with what the other moms have said.... contact an attorney, and do some research!!! Let us know how it goes!!! (((Tonya)))

By Feona on Saturday, May 1, 2004 - 06:15 am:

I don't think you will have a problem getting a job.

Just say you were with the company for 4 years. You had a hard pregnancy and missed work a few times. The company decided not to rehire you after your unpaid maternity leave.

Say everything very happy when looking for a job, Like they must have been unhappy with my taking days off while I was pregnant, but my doctor ordered me to take the days off. There really was nothing I else I could do.

You have to keep everything in such a positive light when looking for work. Like nothing bothers you and everything is pink angels. Don't focus on negative anything when looking for work.

I hope the manager get what he did to you. Terrible.

Everyone will be on you side because everyone admire pregnant women who work because it is near impossible as I remember.

By Sue3 on Saturday, May 1, 2004 - 08:14 am:

Tonya,
so sorry to hear about this.You must be devistated ,I know I would be.
I don`t know but something does not sound right with how they handled this.
and I would seek some sort of legal info.
just because of the fact you stated that it would effect your future job placement.
Good luck and let us know how things go.
I am hearing so much of this lately it is so scary.

By Karen~moderator on Saturday, May 1, 2004 - 08:34 am:

Tonya, I'm so sorry. I can imagine how hard this is for you at this time. The one thing you have going for you is your job experience. You mentioned above about not being able to get placed again at Ford....aren't there other places near you where you could be placed? Why do you want to work temps? If I were you I'd get a resume together and start sending it out everywhere. If you want to continue working through the agency, have an honest talk with your rep. Surely she can help when it comes to placing you again, even if it's with the same company.

By Feona on Saturday, May 1, 2004 - 09:14 am:

It is also against the law to give someone a bad recommendation. It effect future employment and can ruin a person's life.

They can say nothing of course or not call people back.

By Texannie on Saturday, May 1, 2004 - 10:43 am:

I agree with the others, contact an attorney. I am so sorry.

By Ginny~moderator on Saturday, May 1, 2004 - 03:25 pm:

Tonya, as I recall, you were a temp worker (thanks for the reminder, Conni). Can the temp agency place you anywhere else quickly? Have you talked to them?

By Eve on Saturday, May 1, 2004 - 07:52 pm:

((Tonya)) I'm so sorry you are having to deal with this! This door closed, but I'm sure another one will open for you very soon.

By Dana on Sunday, May 2, 2004 - 10:56 am:

Thoughts and prayers for you Tonya. It is a very scary time for you, but with prayers and good attitude, you will come flying out of this in a better place.

By Tonya on Sunday, May 2, 2004 - 07:26 pm:

Well ladies I am going down tomorrow and filing for unemployment which will pay 75% of my full salary until I find something else. The agnecy can replace me somewhere else but they have to use my old boss as a reference and you are right he cannot give a bad review but he doesn't have to give a pleasant one either so it will be hard and there are really not allot of permanant positions out there right now just fill in positions so I am going to start looking outside of Ford for a job the problem with doing taht is I didn't make a fortune at the job I was in but it payed better that what the same position outside of there usualy pays. So I am going to start searching tomorrow and I will find something cause i am determined and maybe this happen for a reason.

I was on this job for almost 4 years no raise no promotion and I know I deserve better. I will find it I deserve it and I am driven so I will keep you posted.

Thanks ladies for your support I am so glad you are all here to listen. Boy does it help.

By Jjandmom on Sunday, May 2, 2004 - 07:35 pm:

Tonya I have been off since the day before Thanksgiving and the husband to I've been collecting ever since then and I fell into the program called tra from work so I am able to keep collecting the husband got a job and when he found out I can still collect he told me go for it then have the summer off there might not be another time like that again so I am making the best with it. Enjoying the nice weather outside. I know when I do find something I might be drained out.

By Tonya on Sunday, May 2, 2004 - 08:29 pm:

What is a TRA program?

By Bobbie on Sunday, May 2, 2004 - 11:02 pm:

Tonya, You said that right... And I know there is something better for you. Just go for it.... Sometimes we don't understand the why's? But the signs are clearly there..... Big hugs Tonya.... I am proud of you...

By Coopaveryben on Monday, May 3, 2004 - 09:13 am:

Tonya, I think that is a great attitude to have (and I think attitude is 90% of what we do). I just wanted to let you know I worked in human resources and the only think we would give out is: date of hire and last day worked, we would occasionally answer if they were eligible for re-hire but that is it and it was for legal reasons I would say the same holds true for them.

Best of Luck!

By Feona on Monday, May 3, 2004 - 01:25 pm:

I would just say I was laid off when I go for a new job.


Half the time they don't check the reference anyway. Because no one is allowed to say anything bad anyway. I don't think I worked any where for 4 years. That was really a long time and shows alot about you.

By Debbie on Monday, May 3, 2004 - 01:41 pm:

I agree with Feona. When you are interviewing and they ask about your previous job, just tell them you were laid off. You were. Also, when I was a manager at a store, we too, could only give out date of hire and the date a person left the company. We could not give out any other info., so it should not effect you getting another job. If you didn't get a raise or anything in 4 yrs., then it sounds like getting a new job may be a good thing.