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  1. #1
    Join Date
    Mar 2012
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    1,360

    Default Re: Denial of Promotion After Disclosure of Pregnancy

    Quote Quoting salmonfish
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    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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Denial of Promotion After Disclosure of Pregnancy

    Quote Quoting chyvan
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    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.

  4. #4
    Join Date
    May 2015
    Posts
    3

    Default 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.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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?

  6. #6
    Join Date
    May 2015
    Posts
    3

    Default 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.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

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