Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 4/7/2015 10:44:23 AM EDT
My wife works for a small veterinary clinic as a veterinary technician.  She averages around 30 hours per week there working 3-4 days per week.  

She is currently pregnant and gave them a doctors note saying she could not lift over 25 pounds during her pregnancy.  She planned on working through the majority of her pregnancy and then taking a couple months off to spend with our new son before returning to work.

Today they approached her and told her they would need to cut her hours to 1 day per week because they needed to hire someone who could lift all of the animals without concern for size.  They have no other reason to cut her hours and gave her no other reason.

They have been calling her the day of or the night before the last couple weeks and telling her not to come into work for different reasons.  Then this today.  

She has been very unhappy there for a while and in the heat of the moment told them they would receive her letter of resignation tomorrow.

What, if any, legal recourse do we have?  To me this sounds like they're openly discriminating against her because she's pregnant which I know is not ok.  So with all of that what should we do?  Thank you.
Link Posted: 4/7/2015 3:08:57 PM EDT
[#1]
Link Posted: 4/7/2015 3:22:39 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
View Quote

Seems it could be a tough case based on that article, thank you.
Link Posted: 4/7/2015 3:38:19 PM EDT
[#3]
Is SC a right to work State?  Consult a lawyer, have her sleep on it as far as quitting.

Discussion ForumsJump to Quoted PostQuote History
View Quote

Link Posted: 4/7/2015 9:27:04 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Is SC a right to work State?  Consult a lawyer, have her sleep on it as far as quitting.


View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Is SC a right to work State?  Consult a lawyer, have her sleep on it as far as quitting.





What does labor unions and being forced to join them have to do with the question?
Link Posted: 4/7/2015 9:45:13 PM EDT
[#5]
Correction - SC being an at-will employment state, right to work is different.

Discussion ForumsJump to Quoted PostQuote History
Quoted:



What does labor unions and being forced to join them have to do with the question?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Is SC a right to work State?  Consult a lawyer, have her sleep on it as far as quitting.





What does labor unions and being forced to join them have to do with the question?

Link Posted: 4/7/2015 11:04:35 PM EDT
[#6]
Perhaps the Americans with Disability Act comes into play here? ADA requires "reasonable accommodations" and lifting heavy items during pregnancy IMNSHO (IANAL) should fall under this category.

Good luck.
Link Posted: 4/8/2015 9:34:10 AM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Is SC a right to work State?  Consult a lawyer, have her sleep on it as far as quitting.


View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Is SC a right to work State?  Consult a lawyer, have her sleep on it as far as quitting.




I thought we were right to work
Link Posted: 4/8/2015 12:33:15 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I thought we were right to work
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Is SC a right to work State?  Consult a lawyer, have her sleep on it as far as quitting.


I thought we were right to work

Right to Work just means you don't have to join a union to get a job.  It has nothing to do with your wife's situation.

The correct term is "At-Will Employment", which means either employee or employer can terminate the employment contract.

If your wife's hours were constructively cut down to zero then she needs to file for unemployment starting the week she wasn't given any hours.  She also should not submit a letter of resignation unless she doesn't want to receive unemployment.
Link Posted: 4/8/2015 1:19:11 PM EDT
[#9]
She could have any number of claims depending on her tenure, the size of her employer, employer's policies, state law, etc.  Possible claims could include disability discrimination or failure to provide a reasonable accommodation, pregnancy and/or gender discrimination, or FMLA interference.  This is just a partial list of potential federal claims.  She may have additional rights under state law.  Go to http://exchange.nela.org/findalawyer and get a consultation with an employment attorney in SC.  NELA is the largest group of attorneys that represent employees.  

On the form I would check the boxes for FMLA, Title VII, Disability Rights, and Gender Discrimination.  

Also, disregard absolutely everything in this thread about being employed at-will or in a right to work state.  It has nothing to do with your situation.
Link Posted: 4/9/2015 3:02:19 PM EDT
[#10]
Thank you

Discussion ForumsJump to Quoted PostQuote History
Quoted:
She could have any number of claims depending on her tenure, the size of her employer, employer's policies, state law, etc.  Possible claims could include disability discrimination or failure to provide a reasonable accommodation, pregnancy and/or gender discrimination, or FMLA interference.  This is just a partial list of potential federal claims.  She may have additional rights under state law.  Go to http://exchange.nela.org/findalawyer and get a consultation with an employment attorney in SC.  NELA is the largest group of attorneys that represent employees.  

On the form I would check the boxes for FMLA, Title VII, Disability Rights, and Gender Discrimination.  

Also, disregard absolutely everything in this thread about being employed at-will or in a right to work state.  It has nothing to do with your situation.
View Quote

Top Top