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I got fired because I'm pregnant 
23rd-May-2010 05:33 pm [legal issues, working while pregnant]
I started a new job for wal-mart on March 30th. At the time I did the interviews I wasn't pregnant, but I am now. After the first ultra sound, it looks like I got pregnant when my boyo and I celebrated me getting the call that I got the job.

During training they printed out the policy on attendance. It stated that we can miss three days of work (so long as we call in at least an hour prior too) our scheduled clock in, before we got a verbal reprimand/ coaching. After which, if you miss another day of work it goes to a written couching. If you miss a 5th day of work, you go to a decision making day. Then if you miss a 6h day, you get terminated/ fired.

The policy changes if you do a no-call/ no show. The two days I missed I did call in and wrote down the confirmation numbers.

Now, mind you, when they first hand-wrote my schedule, the supervisor made a mistake and skipped a day. So the day of the week didn't match the number day for that day. I noticed this and asked the supervisor on duty what do I follow? He said, ignore the number dates and go by the days for it,. I did that. But it obviously didn't match the computer system since when I logged in on some days, I had to get a supervisor (same one) to override it, and on other days, it came as a no call/no show. This was dealt with, at least I thought it had because the supervisor said not to worry about it after I brought in the hand written schedule as proof for my schedule given to me.

But all of this was brought up at a meeting during my work day yesterday and the supervisor that could verify it all wasn't on duty. They called me in the back an assistant manager with a female whitness to discuss my attendance. He said I followed a different policy, which was never once explained to me or given to me at all. He had me thinking I totally misunderstood what the trainer said and gave me (cause I didn't have any of my training papers with me at work. I kept those at home).

He said, according to the policy I'm in trouble if I miss three days of work. I was like, I didn't miss three days of work, I only called in twice. I can get DR notes to explain my absences. (I had just been in the ER for bleeding while being pregnant and got some meds that were beating me up big time).

He said it didn't matter, that because I'm pregnant he knows I will miss another day of work. However, I am re-hirable if I apply in a year when I don't have the problems of pregnancy.

During this conversation the witness left the room and closed the door because another co-worker (or I suppose ex-co-worker) came in and wasn't suppose to be witness to me being fired).

My pregnancy hasn't done anything to decreease my job performance. The only change was that I can't lift anything 50lbs or more. I'm not the only one in my "unit" which is pregnant, and there are obviously a lot of other women working there pregnant. I really don't understand what made it so different for me.

Is it fair? Cause I do plan to talk to the actual store-manager tomorrow and bring in all my papers from training, the schedule (the guy who fired me wouldn't even let me go get it to proof that there was a schedule conflict for dates on what was originally given to me), and so on. There isn't exactly a lot of places here to work at for a decent pay with benefits and it would be nice to possibly work at the other wal-mart in the city or other subsidiaries. But I am still tossing out applications for just about anything.
23rd-May-2010 09:35 pm (UTC)
He said it didn't matter, that because I'm pregnant he knows I will miss another day of work.

No, illegal. Unless you work in a right-to-work state, and maybe even then. Call a lawyer.
23rd-May-2010 09:40 pm (UTC)
I live in Ohio and I'm not sure if it is or not.
23rd-May-2010 09:42 pm (UTC)
I'd call. First, though, write down everything you can remember and see if you can get any real documentation of any of these actions, like that hand-written schedule.
23rd-May-2010 09:54 pm (UTC)
23rd-May-2010 10:06 pm (UTC)
23rd-May-2010 10:12 pm (UTC)
It really takes all the fun out of replying when everyone thinks the exact same thing.

OP: He cannot fire you for assuming you are going to break the rules based on pregnancy. I concur, illegal.
24th-May-2010 12:55 am (UTC)
Even in a right to work state, if they mention an illegal reason for firing you, it's illegal. If they hadn't said anything, they would be covered, but because they mentioned the pregnancy, which is a protected class under the Americans With Disabilities Act, then the firing was completely illegal.
24th-May-2010 01:20 am (UTC)
That's what I thought.
23rd-May-2010 10:26 pm (UTC)
Yeah, that is not fair at all. I'm pretty sure it's even illegal. They cannot fire you for a day you did not miss. Definitely take it to the store manager and if s/he will not do anything about it, take it to someone higher and so on and so forth.

My mom, mom-mom and boyfriend all work at Wal-Mart and each of them will tell you they treat their employees like complete and utter crap. For the past 2 months a manager has been harassing my mom by constantly calling her in the office and telling her that other managers and co-workers are complaining about her work performance... However, he won't tell her EXACTLY what they're saying so that she can improve, he's just saying they're complaining. Two weeks ago they got a new girl in my mom's department (she works in electronics over night) and the second night the girl was there, this manager that has issues with my mom put my mom in a different department and then scolded my mom because this new girl said my mom wasn't teaching her anything/was never in the department. Well, no shit, since the manager put her in another department! She's worked there for 3 years and has never had any complaints before this.

Just last week, my BF worked Sunday and when he went back from his lunch he found out that he was scheduled off that day, yet he didn't need a manager to help him clock in. When he had checked his schedule a week or so earlier, he had off Monday, Tuesday and Wednesday, not Sunday, Monday and Tuesday. What's even more messed up is that the manager he works with (he's an unloader) KNEW he was suppose to be off and didn't tell him at the beginning of the shift. So he went to a higher manager who told him to take off Wednesday, a day he was scheduled, since he worked Sunday, a day he wasn't. So, he took off but didn't call in and he's lucky they didn't try to screw him over for that even though a manager told him not to come him that day.

...Anyway, I didn't mean to ramble and go on about other peoples issues, but I just think Wal-Mart is a shitty place to work and I think others should be aware of that. You could ask anyone in the Wal-Mart where my family works and they will tell you how badly they treat their employees. It's really not worth it. So, IMO, I wouldn't try to keep your job there. I would get this business taken care of and then try to find a new job.
23rd-May-2010 10:56 pm (UTC)
I agree with all this I worked for walmart for a really long time and got nothing but shit. Quitting that job was the best Christmas gift I ever gave myself.
23rd-May-2010 11:16 pm (UTC)
I worked for Sam's club, which is Walmart bigger little brother, and I too can concure. I was pretty much fired because I was pregnant. I kept writing down all my doctors appointments months in advance on the time off book and then the week of they neverever gave it to me so I would have.to scrounge and beg someone to work for me, or if that didn't work have to ask for that day off. Well I hurt my back somehow at work and had to call in to work. The next day I had your office meeting where he told me I had too many unexcused absences. I told him I had doctors note for everyone of them. He said it didn't matter because it wasn't manager excused. ...

If I wasn't so completely tired of their bullshit at that point I would have fought it,but after a few tears and a reassuring boyfriend I just never looked back.

worked there 2 years and got a big manager fired for sexual harassment.They were trying to fire me.
23rd-May-2010 10:31 pm (UTC)
Everyone pretty much said it. Illegal. That is considered sexual discrimination since pregnancy is a condition experienced only by women. And we have all heard how much Wal Mart has been in the news lately for discrimination issues against women.

I don't want to stress you out or anything, but I took a case I had with my former employer (Target) to an employment law attorney and during the course of our conversation he told me that Wal Mart has a policy of taking every single case to court--they do not settle out of court because they do not want to get the reputation of paying out and "being easy", so to speak. I still say stick it to em!! Write down everything and save any correspondence for the attorney if you choose to pursue it.
23rd-May-2010 10:51 pm (UTC)
23rd-May-2010 10:52 pm (UTC)
Walmart is always doing shit like that and it's illegal, I had to fight to keep my job when I was in the hospital in ICU with pneumonia because my medical leave papers couldn't be filled out by any one but me. And both my mother and doctor had called walmart and walmart would not let my mom pick the paper work up and do it for me.

But in all honesty you don't need that shit, and you should look for a different job. They treat pregnant women like shit and good chances you won't get your breaks and they don't care if you have a doctors note or not. I wouldn't even bother with a lawyer if they fire you it's really not worth it because all your going to do is get some money and your job back in order to get that money.(Several employee's at my wal-mart did that) Hopefully you can find another job soon.

Edited at 2010-05-23 10:52 pm (UTC)
23rd-May-2010 11:32 pm (UTC)
File a complaint through the EEOC.
23rd-May-2010 11:33 pm (UTC)
It's illegal, but will be hard to prove. But still, talk to the other manager and file for unemployment immediately.
24th-May-2010 12:14 am (UTC) - angry pregnant rant!
I fucking hate the way walmart treats their employees.
sorry this happend to you, hope can follow through and correct their bullshit.
24th-May-2010 01:04 am (UTC)
It is illegal. They cannot fire you for pregnancy. You can take this to a lawyer and to court, but it is up to you to decide if you feel it is worth the stress of that.
24th-May-2010 02:26 am (UTC)
What state are you in? I am not a lawyer but work in employment law and if he mentioned your pregnancy, illegal. I'd start with filing with the EEOC or state agency equivalent. It doesn't hurt to speak to a lawyer. However, I will say that it's hard to prove like someone said. They'll most likely claim they did it because they were sticking to their attendance policy. There are a few states where you'd be covered by law even against attendance policies.

They suck and I'm sorry :(
24th-May-2010 05:25 am (UTC)
Welcome to Wal-Mart policy. Since you were in your probationary period, they reserve the right to terminate your employment for any reason. Once that probationary period is over, then attendance policies take effect. (As a former 10 yr personnel manager/associate I know the way Wal-Mart works very well) You may stand a chance at getting your job back by sitting down and talking to your store manager but dont get your hopes up. To be honest, the only reaon anyone should ever go to work for Wal-Mart would be because they couldn't find a job anywhere else. I would never ever consider going back to work for them. They really are not family oriented at all.
25th-May-2010 02:42 am (UTC)
I would at least call the ACLU and see if one of their lawyers would take the case if anything to just shed some light on how walmart treats their employees. I don't know if anything more would come from it than just an apology but it would be worth it for all of the other people who have been treated this way.
25th-May-2010 03:26 pm (UTC)
I worked for walmart for 3 1/2 years,be thankful you got out now. They are awful to there employees as you have witnessed!
26th-May-2010 07:07 am (UTC)
He said it didn't matter, that because I'm pregnant he knows I will miss another day of work. However, I am re-hirable if I apply in a year when I don't have the problems of pregnancy. If he actually said this, take them for all they're worth. It is illegal to fire you because you might miss work due to pregnancy. The fact that your witness left the room during the discussion is another huge issue. I'd also go above his head about the firing, with your documentation, ans to the supervisor who told you when to work.
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