Help! I'm being pushed out of my job.

Question

In September of 07 I had a child. When I informed my boss that I was pregnant our relationship had changed. She has slowly taken away some of my responsibilities or had other people work with me to make sure things are getting done. In my job description I am expected to travel and as you can imagine I can only do limited travel and to a certain region (which is why I was hired to start with). I have just been given an ultimatum either travel to other locations or find a new job. I just received an email from her today and it appears that she is going to give me 3 weeks if I am not able to travel. What legal action do I have or is there anything I can do? HELP

Answer 1

well go with the flow i geuss

Answer 2

I guess it depends on whether your performance declined with your pregnancy. If she was assigning other people to work with you, it would seem that you were starting to go more slowly or let some things slide, or she would not have devoted the manpower to what used to be your independent tasks -- not to be harsh or imply that you were intentionally lazy, but I cannot imagine a manager handing off your responsibilities or assigning you a partner if the work was in fact getting done.

In this economy, more and more businesses feel they cannot be accommodating. I would go in now and tell her you would like four weeks in cash severance and leave. You won't be able to prove the negative to her -- that you are not shirking your job duties just because you are a mother.

Yes, you may be able to prove discrimination but it would be a long, expensive, stressful lawsuit and the company will have better lawyers on a larger budget. It would be your burden to prove the negative. That your motherhood in no way affected your performance. And if they say their business needs changed and they needed someone to travel to more distant clients or whatever, then you will lose and for that privilege it will cost you at least $10,000.

You can file for free or nominal cost through the Equal Employment Opportunity Commission but they are understaffed and overburdened and while they try hard, they usually lose, too.

Take your four weeks severance (do not accept less) and spend it with your baby while also looking for a new job while she naps. Spend some of the time maybe starting to build up a consulting side business you can do from home eventually. You can't build that up to full time in four weeks, but you can get one or two clients or projects and start building from there while still looking for another job. Also that way you can go for a less time-consuming job while still being able to earn as much money.

I am sorry if you will miss your company or your work, but quite honestly you won't be able to prove definitively that your work performance didn't decline during your pregnancy and after your return from maternity leave, and won't be able to prove they squeezed you out because you were a mother, not that their business needs changed. If you don't have an employment contract with them and you are in an at-will employment state, you would only stress yourself out and cause yourself a lot of expense, probably for nothing.

I will get some thumbs down from those who would urge you to fight the odds and be the next Erin Brockovich. I am here to say the situation with this boss will not get better and you should cut your losses.

Answer 3

There is no legal action you have.  When you began working for this employer you signed a contract.  That contract stated company policy and the expectations of your jobs.  If you didn't think you'd be able to live up to those expectations you should not have signed the paperwork concerning your current position.  You have three weeks to either comply with company policy or find another job.  Take your pick.  

Answer 4

I think you posted this in the wrong section. I agree with the first answer. If you are laid off you can claim unemployment, I don't think this would be considered a firing situation. I would personally look for another job. It is really hard to fight them and if you won they would make your life miserable there anyway. And like you said it was a part of your job and you knew it beforehand. Not that it makes it right, but you cant expect them to keep you in a position that required traveling when you cant travel. Have you asked  them for a different position?