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I am a business owner and have an ex employee that worked…

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I am a business...

I am a business owner and have an ex employee that worked less that her 90 day probationary period. This person was hired pregnant as a fork lift drive and was termed after 30 days for excessive "not working scheduled work shifts". She is now bring a law suit stating that she ahd a premature baby due to her job? No physcian "restricions" were ever presented o us. What do we do?

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

Indianapolis, Indiana

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

Full time- right to work state but to me that is irrelevant.Does she have any legal ground for this law suit?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

JUst what I ahve given you Sorry for the bad typing

Submitted: 7 months ago.Category: Legal
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12/4/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,465
Experience: Licensed to practice before state and federal court
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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.

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Customer reply replied 7 months ago
I understand
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great, thank you! Bear with me a moment while I review…

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Customer reply replied 7 months ago
on line responses are fine
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. One moment while I review your situation.

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Customer reply replied 7 months ago
Are you still on line?
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Yes, I am. I'm a slow typer so one moment-)

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Customer reply replied 7 months ago
I understand
Can the attorney be held liable for "malicious prosecution" as there is no documentation from anyone that this ex employee had any work restrictions?
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience on this. So, to answer your question, no, generally it won't be malicious prosecution unless there is absolutely zero proof and zero merit that your organization engaged in discriminatory actions. The plaintiff will have to make the effort to show that there was discrimination and it may be up to a jury or a judge to make that determination, but usually it's only malicious if a person does something with the intent strictly to harm the other party. Regardless, it may be something that you could countersue them on, but keep in mind you'll have to prove they're doing it intentionally.

Otherwise, although I don't known all of the facts involved in the case, the most important thing that employers can do is gather the proof to show that this person was not discriminated against because of her sex or her disability. You should gather whatever documents (notices, letters, emails, text messages, etc.) that show conclusively that you terminated her for not showing up to work, then you'll be able to help your case out considerably. You can always choose to settle with the employee to help make the problem go away, but that's not required.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 7 months ago
The ex employee is not suing for discrimination but is suing for having a premature baby due to her requesting to be
put on another lift due to vibrations on that lift. Once again, no "physicians restrictions" were ever given to us and we never
denied any request for her to see her physician related to her pregnancy.
Customer reply replied 7 months ago
Also, in answer to your statement of "zero proof"- That is exactly the situation. We hired this person, fully aware that she was pregnant- no incrimination of any kind
She was given he job description and has no proof of anything.
Customer reply replied 7 months ago
She had her baby after to termination
Customer reply replied 7 months ago
Buy the way, all lifts "vibrate"
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Ok, thank you for clarifying. If you were unaware that this would cause any harm or if you had no reason to believe that this would cause any harm, and if no one else that has been pregnant has had the same issue, you may be able to provide all of that as proof to help support your claim. What other questions did you have for me?

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Customer reply replied 7 months ago
I guess nothing else
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Have you hired an attorney to assist you with this?

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