Mothering › Groups › June 2012 DDC › Discussions › need to vent

need to vent

post #1 of 11
Thread Starter 

Ugh...I am so furious right now and need somewhere to vent. In the fall I was working at a local restaurant, (ironically, given the current situation, called "Karma"). After being really really sick around Thanksgiving the owner approached me and said that he didn't think it was a good idea for me to be working there anymore. He acted like because I was pregnant I was fragile or broken and shouldn't be waiting on tables. Granted it was taking a huge toll on my body and I was kinda glad to have an excuse to leave. But, I have two other children at home and a huge mortgage. I wasn't just going to quit my job. So he offered to "lay me off" so that I could collect unemployment. The only reason I agreed to the arrangement was because I would be able to collect unemployment. So I get a call today from unemployment, 3 months after leaving my old job, and they said that my employer said I volunatarily quit. It's b.s. I didn't quit. I was pressured into leaving because I was pregnant! And the only reason I agreed to it and didn't fight it is because I am making more money on unemployment than I was making waitressing at the time! I'm just so upset because it seems so unfair. I feel totally screwed over. And who is going to hire me when I'm very obviously pregnant?? Not to mention I've been so sick this pregnancy that I can't imagine trying to work full time again right now. We were just barely getting by financially so I don't have a clue what to do now. Even if I can sort it out with unemployment and prove that I was laid off and never gave notice to quit, they are holding all of my unemployment until it gets sorted out. And if they side with him, I have to pay back the unemployment that I've already received! Unemployment that has already gone to pay my mortgage!!! I just don't understand how you name your business Karma and then conduct yourself in this manner. And I'm not the first person there to feel like I was discriminated against for being female. Several other females left because he cut their hours drastically and gave it to the male employees. I'm trying to relax because I know the stress isn't good for the baby, but I'm FUMING right now. Like I want to scream, yell and throw things. And I'm really hurt by his actions. I did so much for them when I worked there. I feel totally unappreciated, discrimated against and taken advantage of. He tricked me into leaving because he knew he couldn't "fire" me for being pregnant. I always gave 100% even when I was throwing up all the time, I held it together to come to work except when my midwife would tell me I wasn't allowed to work. 

 

Thanks ladies for letting me vent. I know it probably got a bit rambly, I'm just so upset right now :(

post #2 of 11

Totally unfair. Is it worth going to speak with him and call him on it?

 

Deffinitely put up a fight....I wish I knew more about what your legal rights were, but I'm certain it's all in your favour! Maybe call the Human Rights Board to see what they have to say about the situation?

 

Good Luck!

post #3 of 11
Thread Starter 

I've been trying to call him and find out if maybe it was some sort of honest mistake but he wont take my calls. If i dont get answers tonight I'm going to park my big pregnant butt at the restaurant until i do get some answers. I just feel so hurt, angry and taken advantage of.

 

i've looked into my legal rights and it's considered sexual discrimination and is illegal, but the problem is that i would have to prove it. He has nothing proving his statement that I voluntarily quit, but likewise I have nothing proving that he laid me off or coerced me into leaving based on the fact that i am pregnant. i just wish people still had ethics and a sense of doing the right thing. i just dont understand :(

post #4 of 11

ugh, i feel for you mama. some people just have no sense of decency. good for you for standing up for yourself!

post #5 of 11

I don't know what state you are in, but I highly recommend calling the Labor Board.  I have dealt with job discrimination because of maternity. The labor board was extremely helpful.  Good luck!  Do you have a co-worker or former co-worker who would write a letter for you?  Generally employees have more rights than employers.  

post #6 of 11

You need to fix this.

 

You need to call the Labor Board and report what he has done to you, the fact that you were pushed out for being pregnant and that he has done this to past employees to favor male employees.

 

You need to write a firmly worded but polite letter to the Appeals Board for Employment Security and basically explain to them that this man, who has been reported for conducting business in a manner which unfairly favors the male sex and for pregnancy discrimination, pushed you out because you were pregnant and didn't even try to pretend that it was for any other reason and that he said he would allow you the courtesy of being able to collect unemployment and that now he is going back on his word. You need to include in this letter to them, copies of your most recent utilities and mortgage statement. The top page of this stack of utilities/statements should be a cover page which summarizes all the bills you pay in a spreadsheet format, with the name of the company on the left column....and then how much you pay them on the right column....all of the monthly figures added up at the bottom....and then that total number compared to your husbands monthly income. I would make the spreadsheet in excel format, were I you, make it EXTREMELY "at-a-glance" simple and staple the cover sheet to the top page of the few bills you put there. I know that all seems like a lot...but you only get one shot to make a real impression with the appeals board. Kill a gnat with a sledgehammer. I'm serious...it seems like "oh, they don't care, it's silly to include that stuff, no one will even look at it" - don't think this way. It takes the right person making up their mind that you are a poor pregnant lady who was pushed out for being pregnant to make this all go much easier on you. You stand a real fighting chance in this appeal...go for sympathy. If you need help with any single part of that or all of it, let me know, I'm TOTALLY in to help you.

Honey, had I been you, given his other antics with female employees, I would have said "fuck you, fire me you prick" (in a nicer way than that!) and let him try and come up with a reason. On that very same day, fired or not, I would probably have gone ahead and filed a a report with the labor board, before he had the chance to start "not having enough hours for me" (had I not been fired). Me no likey when people hire females and then treat them like shit because they secretly dislike employing them. If you have a problem with chicks, hire dudes. Period.

 

I would follow up my visit to the Labor Board with a letter to them thanking them for their time. I would end that letter with something like this sentence:

 

I served my employer loyally and he repaid me with dishonesty and callous indifference. He has done more than break the law here. He left a woman with two kids, more bills than she can afford and a bulging belly out in the streets to try and find new employment in time to avoid financial catastrophe. Please help me make this right. I watched him do this to female employees in the past and I didn't speak out because I felt it wasn't my business...now I have to wonder, if I'd acted then to stop him, would I be facing such a grim situation?

I would follow up my trip and subsequent letter to the Labor Board, with a letter to the ex employer, that goes something like this:

 

Dear Mr. Dickface (what, I don't know his name! ;):

 

I have been notified by the Unemployment office that you mistakenly reported the nature of my departure from your work place as "quit for no reason" instead of "laid off". I'm absolutely certain this must be some oversight on your part...perhaps too much time had elapsed when you filled out the form they sent you and you forgot what happened...or maybe you were thinking of someone else. If you review my personnel file, I'm sure you will be dismayed to discover that you have indeed made a mistake, as you will find in my file no evidence of any notice being given by me at any time. In fact, if you review your own memory, you will remember the great distress my being fired for my pregnancy left me in, given my financial situation...and the fact that, perhaps out of pity, you agreed not to just fire me, but instead to report me as "laid off" so that I could collect unemployment.

 

I am sure that if you contact the appeals division of the Unemployment Department for the state, they will happily adjust the findings of the review committee, so that I am not left out walking the streets to find new employment with a huge belly and more bills to pay for than I can possibly cover without bringing in some sort of money. It has been very hard for me to find new employment in my condition and I genuinely need the income that unemployment was providing me in the mean time.

 

I appreciate that mistakes happen...I look forward to hearing of your plan to remedy this mistake and am available to you at any time to provide any information you may need to complete my personnel file and/or amend the paperwork submitted with the Unemployment Department.

 

Many thanks,

Me

 

 

I would cc the Appeals Board on the letter sent to the ex boss.Then, I would follow up my letter/appeal form to the Appeal Board with a phone call to their office asking about the process, giving a *bit* of sob story if the person seems open to listening and reiterating that you are available to provide anything further that they should need. Mention that a formal complaint has been lodged with the Labor Board for discrimination (don't mention when, if they don't ask) and slip in there that this has happened before to other females working for him and is an ongoing problem with this employer.

 

This has to be made right. It's bullshit. I'm serious about helping you if you need help.

 

Get it figured out, mama.

 

He made a mistake when he told them that you quit. You can prove AS MUCH AS YOU HAVE TO...that you didn't quit, because you didn't sign anything that said that, write that to him or leave it on an answering machine or anything. If he was trying to punk on you like this, he would have been better off trying to say he fired you for rudeness to customers and excessive absenteeism or whatever. Saying you quit, was admitting that he didn't have cause to fire you. Now he has to prove that you quit, because you're saying you didn't and have a crummy enough financial situation that you can make the case that quitting was insane and the people on the board will find that plausible. Remember, in a case like this, you don't really have to PROVE anything, you just have to make the people sitting on the Appeals Board pretty sure that you're telling the truth. He can't prove what he is asserting....you can't really prove what he is asserting...you need to come out looking like the person most likely to be telling the truth. That means being proactive and getting on top of this.

post #7 of 11
Quote:
Originally Posted by thecountrymouse View Post

I don't know what state you are in, but I highly recommend calling the Labor Board.  I have dealt with job discrimination because of maternity. The labor board was extremely helpful.  Good luck!  Do you have a co-worker or former co-worker who would write a letter for you?  Generally employees have more rights than employers.  


Also, this!

 

You need to try and find out if there is anyone else who has been treated this way who could stand up and say so.

 

post #8 of 11

Oh, and do NOT go to the work place and look for answers. You got your answer from him. Going there is not going to make him hot under the collar....it's going to give him a reason to throw you out.....can you see where I'm going with this??

 

 

"I don't know what to tell you, Mrs. Appeals Board Lady...I mean, she's just not the kind of person we want hanging around our establishment, she got mad and quit..and, frankly, we were relieved to see her go. She's got a temper, you know...why, I recently had to ask her to leave my establishment and bar her from coming back because she came looking to cause a scene. She's just bad news...."

 

 

You don't want that. Stay away from there. Do not try and talk to him on the phone. Written correspondence only. If your crying pregnant face isn't enough to sway him, your crying on the phone isn't going to, either. You know what will, though? I'll tell you: The bane of EVERY small business person in the USofA....The Labor Board. I swear, the only government shitbox agency he wants trouble with less than the Health Dept....is the Labor Dept. They do an audit of your business...you're practically shut down. The Labor Dept. is a grinding, overwhelming and way too powerful bureaucracy. Know that and use it to your advantage.

post #9 of 11
Thread Starter 

my boss finally got in touch with me via text message which at first felt really unprofessional but at least now i have documented proof of what he is saying. he claims that his mom (the company's book keeper) is the one who told unemployment that i voluntarily quit. he claims that he is going to straighten it out on monday because his understanding of the arrangement was also that i would be entitled to collect unemployment. it doesnt change the fact that i do still believe he leads a shady bussiness and discriminates against females but if it isnt directly affecting my family's stability then i feel slightly less outraged about it (i no longer want to burn his place of business down lol). anyways thanks for listening to my vent and the support in fighting this is need be. hopefully he will follow through. pregnancy hormones certainly dont help in dealing with this crap!!

post #10 of 11
Quote:
Originally Posted by snugglebug14 View Post

my boss finally got in touch with me via text message which at first felt really unprofessional but at least now i have documented proof of what he is saying. he claims that his mom (the company's book keeper) is the one who told unemployment that i voluntarily quit. he claims that he is going to straighten it out on monday because his understanding of the arrangement was also that i would be entitled to collect unemployment. it doesnt change the fact that i do still believe he leads a shady bussiness and discriminates against females but if it isnt directly affecting my family's stability then i feel slightly less outraged about it (i no longer want to burn his place of business down lol). anyways thanks for listening to my vent and the support in fighting this is need be. hopefully he will follow through. pregnancy hormones certainly dont help in dealing with this crap!!



OKay, this is  good update, I'm happy to read this. 

Print out this text message. Send it to the appeals board with a note that this was a mistake, you were laid off and are supposed to be able to collect while you look for a new job and that you expect this will be cleared up within a few days.

 

Text the boss back and let him know that you alerted Unemployment Dept. to the mistake, sent them a copy of his text message and that if he needs anything to help him get this done to let you know.

 

What a loser....pushing you out like that. He probably told his mom you quit because he didn't want to admit to harassing and firing a pregnant lady. What a heartless prick. Sorry for the language...but I'm feeling really pissed about this. Who fires a pregnant lady who is a hard worker for them? Like, REALLY....and wouldn't that have been just about Christmas time, too?? A saint, this guy. A real piece of work.

post #11 of 11

Oooh! What a JERK! I hope he follows through with fixing everything on Monday. If not, you've gotten some really good advice on what to do from here. Keep us updated. This guy makes me mad and I don't even know him.

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