Employment Law

Small business - 2 female employees 1 8 months pregnant worked…

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Small business - 2 female...
Small business - 2 female employees 1 8 months pregnant worked every day -high risk pregnancy no problems. Second employee currently laid off, brought back 1 day at end of day advises currently pregnant, high risk having some difficulties. Dr. verbally says don't lift over 30 lbs. Job is dog grooming, lifting writhing fighting dogs. Owner is... Read full answer
Small business - 2 female employees 1 8 months pregnant worked every day -high risk pregnancy no problems. Second employee currently laid off, brought back 1 day at end of day advises currently pregnant, high risk having some difficulties. Dr. verbally says don't lift over 30 lbs. Job is dog grooming, lifting writhing fighting dogs. Owner is 65 and not interested in doing half of employees job for them. My thought was to have Dr. put in writing any restrictions and providing
Dr. with detailed job description stating lifting requirements often over 30 lbs with twisting and bending. Let him be the culprit. Help please.
Submitted: 5 years ago.Category: Employment Law
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Answered in 2 minutes by:
3/16/2014
Employment Lawyer: Samuel II, Attorney at Law replied 5 years ago
Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27,012
Experience: More than 20 years of experience practicing law.
Verified
Hello

This is Samuel and I will discuss this and provide information and direction in this regard

What is the question - what is it you want to accomplish, please?
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Customer reply replied 5 years ago

I want to be protected. I don't have a position for an individual who is unable to completely perform her duties. She has stated that she is presently having some difficulties with the pregnancy (spotting). Dr. has verbally told her no lifting over 30 lbs. How do I cover me? She usually handles the larger dogs up to 150 lbs. so that this old lady doesn't have to. She is not fully trained in small dogs as she is only a part time worker. My mistake was after the holidays I laid her off and had no intention to recall but did have her come is one day when short handed. Half way through the day she informed me of pregnancy and of her difficulties. I verbally suggested that coming back to this job was probably not a good idea to which she responded its all I know and I need money.

Employment Lawyer: Samuel II, Attorney at Law replied 5 years ago

Hello


Thank you. So you want to be able to let her go and not have her file a discrimination claim - correct?

And she is only part time, is that correct? And so was she handling the job well until now - as far as the handling of the larger dogs?

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Customer reply replied 5 years ago

Yes - I would like to let her go and not have her file discrimination claim. Yes she was handling all size dogs previously but mostly larger.

Employment Lawyer: Samuel II, Attorney at Law replied 5 years ago

Hello

Thank you

Obviously, as you know, this has to be handled very carefully so that if she files such a claim you can defend it. To do so, I suggest the following

1 - it is very important that you are able to show that your decision to terminate was made before you were told she was pregnant.

2 - so if you had laid her off, that would be a good start. Even though you called her back it was not for a full time permanent decision.

3 - coupled with that, if you can show that there is a decrease in your business, less grooming at this time - that would be beneficial as you can tell her that the business is not there and that she is not needed any more at this time.

4 - if you have ever had a complaint or problem with her at all then this should all be presented to her when you terminate her. Give it to her up front at the time of firing. Explain that her work was faulty in whatever ways, and/or that you have complaints about her - and that business has declined. You appreciate her willingness to come back in for the day that you were extremely busy but that you just cannot afford to pay her any more because the business has once again declined.

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Customer reply replied 5 years ago

Business decline won't fly as I have begun training a new hire with promise and she is aware of that however, that individual is currently training while fulfilling the position of bather/brusher. It is also the beginning of the very busy time of spring and the 8 month pregnant groomer will be out for her delivery time up to 3 months. Note this girl we are discussing is unable to fill the shoes of the 8 month pr. girl.

Employment Lawyer: Samuel II, Attorney at Law replied 5 years ago

Hello

I see. Thank you. You appear to be between a rock and a hard spot, unfortunately.

I suggest that at this time, the only thing you can do is begin to keep a log of work ethics, problems, etc. I suggest that you can gather your employees and tell them that you are running a tight ship and that this is the policy that will now be implemented. I suggest that in that policy you note that any lateness or slacking or whatever it is that you feel you can apply in your policy wil be cause for termination.

You have the right to say after one incident - your fired. But once you have a policy like that it has to apply to all employees across the board. So in other words, you cannot hold the preganant employee to it if she is late and not do the same to the others.

I suggest that at this point, having a policy and rules that need to be followed is your only recourse.

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Customer reply replied 5 years ago

Thank you for your assistance. Being such a small intimate business you not only are coworkers but friends and therefore I have been remiss in making actual policies. Well it comes back to me and after your input today there will be written policies, with signatures that each has been informed. Again thank you. Have a good day.

Employment Lawyer: Samuel II, Attorney at Law replied 5 years ago
Hello

You are welcome. I wish it was better news and an easier process for you. But at least with beginning the policy process you are protecting yourself for future situations.

Please let me know if you have other questions or need clarification. Otherwise, I would appreciate a positive rating so I can get credit for my time and information in this regard. Thank you. Your business is appreciated.
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