I was hired as a temp worker, not contracted with any agency but hired directly by the company I work for. Now that I am pregnant I was told that I would have to resign to have my baby. I have been there about 11 months and work 40 or more hours a week. I was told that unpaid fmla is only available to those who have been awarded a permanent status and benefits. It seems unfair that a company can have me work full-time but treat me like a part time employee not give me benefits or fmla and now tell me that I must resign and walk away with nothing. Am I ineligible for unemployment as a temp worker?
You should speak with an attorney. FMLA is based on many things such as how many hours you worked in 12 months, how big the company is, etc. It does not matter that you are a "temp." Even if FMLA does not apply it illegal to terminate someone only because the have a major medical condition such as pregnancy. I suggest having a free case evaluation with an employment / discrimination attorney from Florida to discuss all the facts and get options. Better to act now before termination. You should be eligible for unemployment unless terminated for misconduct.
It is very likely that your employer's actions are illegal. You cannot and should not be fired because you are pregnant. Pregnancy is a challenging and exciting time. The last thing you need is to be dealing with your employer's illegal action. Whatever you do, do not resign. Make sure to contact a local employment attorney to further discuss this matter. I wish you the best.
I recommend that you hire a lawyer to assist you.
The category that the employer assigned to you is not determinative of the way the law will view your status in terms of FMLA or unemployment compensation. A lawyer will be able to evaluate your situation and help you understand your options.
Avvo is a general information forum. My responses are not legal advice. I am not your attorney unless I explicitly agree to accept your case and you sign a contract. If you want you legal advice, I recommend that you hire a lawyer to discuss your situation.
Regardless of whether FMLA applies, the Pregnancy Discrimination Act prevents employers from terminating employees due to pregnancy. One common tactic companies use is to try to convince you to resign or admit that you won't be returning after your baby is born, both of which would undermine your rights under the statute and for unemployment. The "temporary" status has no legal bearing. Contact an employment employer before being pressured into "resigning."
Hi there. You've done some good answers already. Let me share my thoughts. Your comments suggest to me several potential claims. I currently have clients in the Orlando area who have experienced the same kind of problems, although they quite likely work for a different employer. But it gives me some insights into what you are dealing with.
Here are potential claims that I see for you:
1. Claims under the FMLA for retaliation and depending on what happens next, interference. Contrary to what many people think, you can pursue a claim under the FMLA even if you are not yet eligible. Congress found, and the courts agreed, that many employees were being fired on bogus grounds once they got very close to FMLA eligibility. You perfectly fit that model. Your employer surely realizes that you are about to gain 12 weeks of unpaid leave, and is trying to force you out. The law now considers that a form of FMLA violation. In other words, you cannot force an employee out of the workplace, whether by pressuring them to quit or by firing them, because they are on the verge of gaining important federal rights.
2. A claim for pregnancy discrimination.
3. A claim for gender discrimination.
4. A possible wage and hour violation.
5. A possible employee-misclassification issue.
And these are based just on your short paragraph. But your scenario fits the classic mold for circumstances like this. I have sued many employers, over and over and over again, for conduct like this. You definitely need a lawyer.
I recommend that you speak with one as soon as possible. Employee rights lawyers specialize in protecting the interests of workers, and can tell you exactly what you need to do and how to do it. Drafting papers on your own, or proceeding at this stage without expert guidance, can risk real damage to your case.
Thank you for your post. Your instincts are right on target. Jim
WONDERFUL DISCLAIMER HERE ABOUT MY POSTINGS: Internet forums are a great place to start, but they're never a substitute for real conversations. The back and forth in a conversation with a lawyer is what allows the lawyer to separate the important from the unimportant and zero in on the right problem and the right answer. Thank you. Jim
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