Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Was experiencing severe morning sickness that waa causing my…

Customer Question
Was experiencing severe morning...

Was experiencing severe morning sickness that waa causing my quality of work to diminish. Had conversation with boss where he agreed an abortion might be beneficial to my situation.. I put in a notice of needing a few days off to get and recover from the abortion yet still got fired supposedly for 2 no call no shows on the 2 days i had put in a notice for and have all text messages.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Oregon

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Submitted: 7 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
12/22/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,471
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about your situation. This to me sounds like you would have a case of employment discrimination which is prohibited under state and federal law at 42 USC 2000e-2. My belief is that you were probably terminated on the basis of your gender and on the basis of your disability (pregnancy). The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within 45 days. The Counselors must advise
individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

In addition, if your employer was eligible to offer FMLA, then they should have offered it to you. This would have protected your job while you were out recovering from the procedure. I'm very sorry to hear about your situation. Have you considered applying for unemployment yet?

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 13,406
13,406 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,406 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I'm a teacher, a Mandatory Child Abuse Reporter, and
I'm a teacher, a Mandatory Child Abuse Reporter, and yesterday, I was put on Administrative Leave for child abuse, less then a week after I confronted my boss (the Center's Director) that it's illegal… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
My boss terminated me without any sort of explanation, and
My boss terminated me without any sort of explanation, and did so via text message. I understand that I work in an at will state and there is not much I can do, but, I had an exemplary performance rec… read more
Loren
Loren
578 satisfied customers
While talking to my employer on the phone. My employer said
While talking to my employer on the phone. My employer said that i showed poor customer service and that I embarrassed her. Fallowing her comment I asked her if I should just leave then? She said yes,… read more
N Cal Attorney
N Cal Attorney
JD
6,798 satisfied customers
I am employed as a Nurse manager in a hospital and I feel
I am employed as a Nurse manager in a hospital and I feel that I was demoted from my position to a floor nurse in retaliation. My boss sent me a text message on a Sun, stating I would be taken off the… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I worked total of 26 years and my boss 35 years we were both
I worked for Cox for a total of 26 years and my boss 35 years we were both fired on Nov 30th and not given a package that was offered 2 days later by Cox Communications. I had the number one E.O.S. su… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I am a salaried, exempt employee in Seattle, Washington. What
I am a salaried, exempt employee in Seattle, Washington. What are legal rules around sick leave and vacation time for me? If I work at all in a day, can I still be required to take a sick day? If the … read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I was terminated from my job due to unapproved overtime. I
I was terminated from my job due to unapproved overtime. I have been a salaried employee for 4 years and have always stayed till the job was done never receiving or asking for OT. A year and a half ag… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
Hi, I was employed at Finishmaster a automotive and industrial
Hi, I was employed at Finishmaster a automotive and industrial paint and coats distrbutor from 4-15-98 until 10-5-12, 14 1/2 years. Before that worked for 3 years do the same bluiding customer base of… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I went on a vacation and became ill. When I came back I had
I went on a vacation and became ill. When I came back I had to go to the doctor for chest pain and high blood pressure because I am hypertensive. I called my boss that I will be going to the doctor fo… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
my previous boss fired me via text message because of something
my previous boss fired me via text message because of something a customer called and told him. This lady cursed me and kept coming at me as if she wanted to attack me, so I asked her to leave REPEATE… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Back in Mid March I found out I was pregnant, and I told my
Back in Mid March I found out I was pregnant, and I told my boss. When I told him, his reaction was for me to have an abortion, he said "Isn't there a pill you can take". Even an hour later when I men… read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers
My boss told me I should move on due to my anxiety then he
My boss told me I should move on due to my anxiety then he said I lied to him and then he fired me. Can he do that??… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I was released to return to work due to illness. My employer
I was released to return to work due to illness. My employer states that I can not come back yet becuase they do not have a computer set up for me. Is this legal?… read more
Ray
Ray
Lawyer
Doctoral Degree
33,407 satisfied customers
I have missed work twice in two years, both times recently
I have missed work twice in two years, both times recently as a result of an unprovoked seizure that occured at work (I am not epileptic). The first time I miseed was because I had an appointment with… read more
Write Right, Right?
Write Right, Right?
Attorney
Post-Doctoral Degree
3 satisfied customers
I just got fired for being sick. I made a video documenting
I just got fired for being sick. I made a video documenting how i look and how I sound, just so there is room to say I lied. Not only did I contact my boss and tell him I was sick, he told me to tough… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am a manager in a private non-profit. Weds. night I came
I am a manager in a private non-profit. Weds. night I came down with a fever, sore throat, and cough, which I still had Thurs. Contagious employees are not to report to work. (I did go drop things tha… read more
socrateaser
socrateaser
1,452 satisfied customers
I worked for Wal-Mart for 5 years. I woke up one morning and
I worked for Wal-Mart for 5 years. I woke up one morning and I couldn't hear out of my right ear. I went to work and go dizzy, so I went home. That night I ended up in emergency room. I had vertigo. T… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
If I am being blackmailed by someone who got fired saying they
If I am being blackmailed by someone who got fired saying they are going to reveal a text message about me which I sent saying I was drinking the day before I called in, and I get fired for this, woul… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x