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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15252
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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7 months pregnant,option to resign or be terminated based on

Resolved Question:

7 months pregnant,option to resign or be terminated based on performance w/o severance option or negotiation. male hired to fill position before terminated, received pay raise in February based on same performance rate as terminated for. others in company have worse performance ratings. etc. etc. etc.
Submitted: 9 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 9 months ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is a serious issue,

wallstreetfighter :

do you feel they have treated you this way due to your pregnancy?

wallstreetfighter :

You should first decline any resignation, and send the employer a letter stating you want to continue to work, and that your performance in no way has declined, and that you will not accept a resignation.

wallstreetfighter :

If they terminate you, then you can apply for unemployment benefits, and be granted them, if you resign you will not be given such benefits.

wallstreetfighter :

If the termination is due to your pregnancy, that is against the law, in particular this is considered pregnancy discrimination,

Customer:

i am communicating on behalf of my significant other to receive information

wallstreetfighter :

In order to meet the elements of a pregnancy discrimination case, you must demonstrate:
(1) You were pregnant;
(2) You were discharged; and
(3) A non-pregnant employee similar in ability or inability to work was treated differently.


 

Customer:

there are many points to our argument on this one...

wallstreetfighter :

To file a claim with the EEOC, contact the nearest local EEOC office. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.








EEOC — Cincinnati Area Office
550 Main Street
Suite 10019
Cincinnati, OH 45202
Phone:(NNN) NNN-NNNN
TTY:(NNN) NNN-NNNN/td>
EEOC — Cleveland District Office
1660 West Second Street
Suite 850
Cleveland, OHNNN-NN-NNNN
Phone:(NNN) NNN-NNNN
TTY:(NNN) NNN-NNNN/td>
wallstreetfighter :

She should file an EEOC claim as well,

wallstreetfighter :

this seems to be a clear case of pregnancy discrimination,

Customer:

larger territory with the same requirements as others... territory was same size since hired. she was terminated the week that the territory was made smaller with tqwo other males hired to take positions.

wallstreetfighter :

if they try to claim the termination was due to something else,

wallstreetfighter :

they would have the burden to prove it,

Customer:

there is another employedd with smaller territory and worse performance % that has remained with the company as of now.

wallstreetfighter :

if they hired males to take over her job, that would not look good,

wallstreetfighter :

that would be good evidence for her,

Customer:

hired before she was let go

Customer:

What would the EEOC do for us before we contact an attorney about the matter?

wallstreetfighter :

before you can sue the employer, she would have to file an official EEOC or State Civils Rights complaint,

wallstreetfighter :

the agency will investigate and try to force a settlement,

wallstreetfighter :

if nothing is reached, they will either bring a lawsuit, or allow her to hire an attorney to bring a civil rights law suit.

Customer:

okay. have you seen a great amoubnt of success in setlments through the EEOC is cases this 'clear'?

Customer:

got it.

wallstreetfighter :

yes,

wallstreetfighter :

they will force the employer to settle, in most cases the employer will offer her a severance at the minimum to avoid a costly lawsuit

Customer:

is there a base severance that is justifiable? we had originally asked the employer for 6 moths insurance and pay as a starting point for negotiations... the counter was termination.

Customer:

or will the EEOC handle it?

wallstreetfighter :

You should ask for more at this point,

wallstreetfighter :

the EEOC will try to force them to settle,

wallstreetfighter :

if you sue them in Court for discrimination they would have to pay significantly more,

wallstreetfighter :

She can send a letter now, advising them you will file such a complaint as well

Customer:

should the communication with the employer start with the EEOC contacting them or should we send a letter to HR notifying them that we have contact the EEOC.

Customer:

what is the average length of time for settling something through the EEOC if it does not go to court?

wallstreetfighter :

I would send a letter to HR first, they may try to settle the matter now

wallstreetfighter :

for the EEOC 2-9 months

Customer:

can she file for unemployment as we proceed with the letter and the EEOC?

wallstreetfighter :

yes,

wallstreetfighter :

if they claim she was terminated for poor performance,

wallstreetfighter :

that would not stop her from collecting benefits,

Customer:

the actual termination date is set for tomorrow the 2nd. do we need to wait until it is confirmed before going to the EEOC?

wallstreetfighter :

no, as she is facing discrimination now she can make the claim,

wallstreetfighter :

if the employer knows she is filing a complaint they may rescind it as well,

Customer:

in the letter to HR about contacting EEOC should there be a reference to a severence or only the statement ' i am contacting EEOC about my termination'

Customer:

what would occur with the employer if they rescind it?

wallstreetfighter :

No mention of severance is needed, she should state that the termination is a violation of her civil rights, and she is filing an EEOC complaint for preganancy discrimination

Customer:

no mention of a lawyer/legal council should be made in that letter to HR, correct?

wallstreetfighter :

not yet, she can mention she will consider all legal options

Customer:

should we state any of our bullet points for discrimination in the letter to HR? she does not believe that HR knows any of the details involved...

wallstreetfighter :

She can state that she feels the forced termination is due to her pregnancy,

wallstreetfighter :

I would not mention more details

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

I satisfied please provide us with positive feedback, thank you

Customer:

what is an appropriate amount of time to wait for a response from HR after the EEOC letter is sent? if no response we should proceed with EEOC?

wallstreetfighter :

I would wait two days,

wallstreetfighter :

unless they rescind the termination

wallstreetfighter :

you have 180 days from the event to file a complaint.

Customer:

the ship has all but sailed on here wanting anything to do with this company. if the rescind does that mean she will stay employed?

wallstreetfighter :

yes,

wallstreetfighter :

but if she feels she cannot work for the employer,

wallstreetfighter :

due to the discrimination, she should file the EEOC complaint within two days, and advise them not in writing, she will not return, due to the work environment,

wallstreetfighter :

and wants a 1 year severance

Customer:

so this would be a verbal conversation with HR stating that 'she will not return due to the work environment' but should NOT be in any written form.

wallstreetfighter :

yes,

wallstreetfighter :

the employer could claim she quit,

Customer:

is it better off not to go down that road and just wait for tomorrows termination to pass?

wallstreetfighter :

She should send the letter now,

wallstreetfighter :

and see if they will be willing to offer her a severance,

Customer:

they should offer the severance if they feel it is appropriate without stating that in the letter, correct?

wallstreetfighter :

yes,

wallstreetfighter :

They should want to avoid an EEOC investigation

Customer:

okay... to provide a quick rundown of the conversation

Customer:

i will review our notes and move forward. is there any other points i am missing that should be addressed?

wallstreetfighter :

no we have addressed all the issues,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied with our service please provide us with positive feedback.

Customer:

how do i contact you again if i had a follow up question?

wallstreetfighter :

you can ask for wallstreetfighter esq

Customer:

sounds good. i appreciate the time and the information.

wallstreetfighter :

good luck

Customer:

thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15252
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 4 other Employment Law Specialists are ready to help you

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