[eternaloptimist]

Hi, The poster wrote : " I was only asking for a few days off,or to go part time until I could find a babysitter ". Her employer could, (and almost certainly will),simply state in court that he needed a full time employee for her position. Also,"right to work" laws have nothing to do with this particular issue. They have to do with collective bargaining. Let me be clear here, I am on her side. But, I'll say again : any employee can be fired at any time,unless they are covered by a bargaining agreement. I sincerely hope that she wins in court. Elizabeth.

[TBearsAunt]

It is a good idea for anyone pursuing foster parenting to review your company's policy manual and their FMLA policy with a fine tooth comb to see what is allowed or not allowed.

bp10035--Were you actually fired? Or did your boss just threaten you? Also, did the one who threatened you actually have the power to fire you, or would their be other steps that would need to be taken (such as a formal, written warning)?

I, too, have had to request FMLA status (and thus job protection) for time I've had to miss as a result of the placement of my foster son.

All the best.

[bp1035]

Thank you to be honest with you I did not even know that I could ask off for upto 12 weeks of unpaid leave for a foster care placement until I had already been fired. The person that fired me was the owner of the company. All I know for sure is all he could have done was denie the time off not fire me. The worst part was I was only asking for a few days not weeks and I wanted to work part time from my house. But him saying that I cant work and be a mom is what the whole kicker is. In the long run more for him that me.

[bp1035]

Hey everyone I got a call from the hour & labor dept about the fmla matter. Owner of company told them he didn't even know that we were looking to be foster parents or adopt. Thats kinda funny seeing as how we have had our first fs for over a year and he was at the companys childrens xmas party last year and I also had pictures of both foster children on my desk.
He also has told the unemployment office that I quit.as to which I did not. Doesn't seam to me that he can keep his story straight. The truth will come out in the end.( That he's a jerk)

[Kate1129]

Even if someone belives him and you are denied anything, fight it. Keep fighting as far up the food chain as you can!

[T-N-T]

The only way you will have a chance is if you can prove discrimintation, which is easier said than done.

Is this company part of a larger corporation?

If so even in "right to work states" many large companies require grounds to fire. They still make sure the termination was lawful they want to avoid legal action if at all possible.

I would alert the media to your situation they have a tendency to turn up the heat on this type of situation but be ready for the fallout that may come.

Ask your lawyer first however he may not want you to go that route.

Good luck!

[bp1035]

T-N-T. Thank you I did email Rosie and oprha but didn't hear anything back. I did not work for a corporation it was a single owned company. I have never been written up or disiplined for anything. As a matter of fact I just recieved a 50 cent a hour raise at the end of july. Also I was told the friday before I was fired that he was happy that I had come back to the company over a year ago. So this sounds to me like nothing more than discrimination. What do you think

[T-N-T]

No easy answers here.

I think you have to decide on whether you want to pursue this legally or not with no asurrance of winning.

I would contact your local news paper and TV stations. They often have investigative reporters who look for this kind of story to pursue.

Again, is it worth it to you? Because after you take this step things will never be the same even if they bring you back on board.

If by some mircale that happens I would begin to document everything starting that day.

While your situation stinks you have to weigh the pro's and con's of taking action.

What will it cost you in time and money?

What is your chance at winning?

What will happen even if you do win?

Do you really want to go back to work for this guy?

It stinks but that is the reality of it.

Now I have no idea about your own personal beliefs about right and wrong and how you should live your life.

I faced this situation once a long time ago but under different circumstances, my however decision was not based upon worldy wisdom.

It was still difficult, I was very angry but I know I have Someone who will fight my battles for me.

I did not return to that company but in the end everything worked out just fine for me.

It will for you too.

Whatever you decide make sure it's in your and your families best interest.

[bp1035]

T-N-T, Once again thank you. As far as loosing money I found a laywer that only gets paid if I win money and he said that he doesn't do that anymore but will for this case. The only thing I have to lose is my time. Is it really a loose of time if I can make a difference and prove to the ignorant people in the world that women can work and be moms and that foster child do count even if we didn't have them ourselves.( words from my x-employer) I don't think that is a waste of time do you?

No I don't believe I would go back to work there due to the fact that he would never hire me back for fear of losing face in front of all his other employees.

I'll ask my laywer tomorrow about the news and the paper and see what he says.

[T-N-T]

I agree, not a waste of time.

Keep us posted!

[bp1035]

Hey everyone as of right now all I have to do is prove that I had no prior knowledge of the baby being placed with me and I will win the FMLA part. They called me yesterday and said they were calling fromer employer and letting him know that he had to reinstate me and pay restitution. Before anyone asks no I do not want to go back to work there, however if I have to until I get a better job and to prove a point I will. Please note I don't think he will hire me back and if he does he would fire me again if I sneeze wrong. Also had unemployment hearing on wed don't know the outcome of that yet. Can you beleive that he asked how much money we got for the kids? I told him that was not relivent to this case and that it was enough to provide for their needs. Do this tell you what kind of jerk he is?

[Boulderbabe]

If you are working for a small firm (and it sounds like you are), I suggest you get an attorney and *threaten* to sue. Recognizing that the costs of fighting a suit may be astronomical, many employers without staff attorneys will cave in quickly.

[bp1035]

Well everyone 1 battle down 1 to go. As I said he will not reinstate my job , however he has to pay me restitution from the time I would have went back to work when the baby would have been 6 weeks until now.

[mostfrustrated]

I was terminated also but with the option to rehire in the future due to our foster baby. (foster baby is also my great-nephew) We were not expecting to be foster parents, we took him on an emergency basis. He had medical issues. My bosses comment was "da*n kids". I asked to take an LOA which was denied. My boss told my I was too obligated with the kids to work. (I think she was probably right, but it still hurt) Good luck to you.

[madfostermomma]

I was let go too but the reason when I went back after 3 weeks of approved leave was "company reorganization" For me it was a blessing I hated that job and now have a job I like that " gets it"