Denial of Promotion After Disclosure of Pregnancy
My question involves labor and employment law for the state of: CA
Hello,
My wife was offered a promotion about a month ago at her place of employment (textile manufacturing), she was scheduled to train for the new job starting last week. Everyone was on board, her new boss, old boss, etc. and she had actually been recommended by several people for the position when it opened up. She disclosed that she was pregnant just prior to training and then all of a sudden they say she has to interview for the new position. Her old position was filled (she had actually helped train the new person before she started the new one) and she has now been off work for over 2 weeks now.
She was actually called in to interview this week, but was told that there were other applicants for the job. We aren't sure whats going on anymore as she can't get a clear answer from HR. She actually likes her workplace and had no intention of leaving until the baby came and was hoping to return when she could, so she is trying to keep it civil and not damage any relationships there, but on the other hand she is starting to get really ticked off about the situation and missing out on her pay for two weeks now. We aren't sure if this is because she is pregnant or if they changed their minds for some other reasons (though its hard to see what else it could have been). Not sure if there is some legal rights here or not, hard for us to interpret the PDA and whether or not it applies.
Thanks,
Sockeye Salmon Man
Re: Denial of Promotion After Disclosure of Pregnancy
She needs to apply for unemployment.
Re: Denial of Promotion After Disclosure of Pregnancy
Why should she apply for unemployment? She hasn't been fired; she's just been told that her promotion is in jeopardy.
What she does need to do is wait. If she does get the promotion, no harm no foul. If she doesn't, then a discussion with an employment law attorney would not go amiss.
Re: Denial of Promotion After Disclosure of Pregnancy
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salmonfish
missing out on her pay for two weeks now.
She may not have been fired but it sounds like she's not working nor getting paid until they find something else for her if they ever do.
Re: Denial of Promotion After Disclosure of Pregnancy
If she believes this is due to her disclosure of her pregnancy, and there seems to be some pretty compelling circumstantial evidence for that inference, she should speak to an employment lawyer ASAP. A decent employment lawyer can advise her as to how to document what is occurring, give her suggestions for the interview process, and form a strategy as to what steps to take if the promotion is denied or if she is not given an opportunity to return to work.
Re: Denial of Promotion After Disclosure of Pregnancy
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chyvan
She may not have been fired but it sounds like she's not working nor getting paid until they find something else for her if they ever do.
You're right - I missed that. Sorry.
Re: Denial of Promotion After Disclosure of Pregnancy
She has definitely not been fired - as far as we know she still has her benefits and HR still seems to be leading her on when she calls and emails. I didn't realize she could get unemployment in this situation. Would applying for unemployment be like conceding she has been fired? I really don't know how that all works as neither of us have been in that situation before - she would much prefer to keep working with her company even if it means another week of no pay while they find something. What she doesn't want is for them to leave her in the lurch, fill the position and then tell her that there is nothing else - if that's how it ends up it feels pretty shitty. That's where we were not sure if it would be worth talking to a lawyer if things fall through, sounds like it wouldn't hurt to go ahead and start talking to one. Thanks everyone.
Re: Denial of Promotion After Disclosure of Pregnancy
Let me ask a question related to UI.
She is not working. Is she still being paid? Vacation, personal time, paid leave, anything?
Re: Denial of Promotion After Disclosure of Pregnancy
No they said she can use vacation time but she only has about 4 days saved up and was planning on using them for a trip home to visit her parents, so she is not being paid.
Re: Denial of Promotion After Disclosure of Pregnancy
That's going to be questionable on unemployment, I would think. Filing is not a concession that she has been fired, not by any means; any time you are not being paid you are entitled to file. But where she's not being paid by her own choice - I don't know that that's going to be a sure shot.
It's worth applying though; CA has a one week waiting period and since she has less than a week of vacation available, while I don't think it's a sure thing I'm sure as heck not saying it's impossible, either. And it just might light a fire under the employer.