- March 29, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Description
I currently work remotely in Texas in the health insurance industry. Recently, I came across a concerning conversation between my supervisor and his boss discussing my situation, specifically mentioning my pregnancy. The boss informed my supervisor that once I leave to give birth, they plan to terminate my employment, leaving me without any form of leave or job security during this crucial time.
## Seeking Legal Assistance
Given the circumstances, it is clear that I need to seek legal assistance to address this unfair treatment. However, in the current economic climate, finances are tight, and saving up enough money to hire a lawyer within the next three months seems unlikely.
This is where AI Legalese Decoder can come in handy. By using this tool, I can access legal advice and guidance at a fraction of the cost compared to traditional legal services. This will enable me to understand my rights and options without the financial burden of hiring a lawyer upfront.
## Common Questions Answered
1) The company I work for has more than 500 employees and is a major player in the health insurance industry.
2) I have been employed at this company for 10 months.
3) I obtained the screenshot of the conversation between my supervisor and his boss legally, during a teams meeting where my supervisor shared his screen with me.
4) The main corporate office is located approximately 8 hours away from me, as each state operates under the same insurance company but with different rules.
5) When searching for “employment attorneys,” only results for “personal injury attorneys” appear. I am unsure if these are the same thing and need clarification on this matter. With AI Legalese Decoder, I can receive assistance in finding the right legal representation for my specific case.
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****** just grabbed a
If they were actually stupid enough to be as blatant and open as you say, consult with a few lawyers. They would likely be thrilled to take your case on contingency (they get paid from your settlement/judgement and you pay nothing upfront.
Save emails. YouÔÇÖll lose access to email once youÔÇÖre terminated, so save ALL past, current & future relevant correspondence. Print the calendars that show when meetings are scheduled, etc, and take corresponding notes to document things discussed in meetings. Print all past performance reviews, raises, etc. Utilize your access while keeping up with your daily tasks of your job so thereÔÇÖs no reason to let you go. DOCUMENT DOCUMENT DOCUMENT
Most employment lawyers take cases on contingency. That means you may pay little to nothing up front (sometimes they require a deposit for costs) and you pay them only if you recover money. I would reach out to one ASAP and save whatever evidence you have. 
Call up some employee-side employment lawyers in your area. Tell them your situation asap. They may help you out for free ÔÇ£on contingencyÔÇØ meaning if you end up having to sue (or threaten to sue) employer after losing your job then they get a cut of that payday (around 1/3rd usually).
There are ways to protect yourself such as taking leave under state or federal family or health-related leave laws. You could also consider this gender discrimination if they fire you simply for having a baby despite a lack of performance issues. Seems like a big opportunity for a lawsuit potentially if they follow through.
Since you are in the US, you should know about the protections secured under the Pregnancy Nondiscrimination Act.
https://www.commerce.gov/cr/reports-and-resources/discrimination-quick-facts/pregnancy-discrimination
https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978
https://en.wikipedia.org/wiki/Pregnancy_Discrimination_Act
How long have you worked there?
Use the [TX Bar Association website](https://www.texasbar.com/AM/Template.cfm?Section=Find_A_Lawyer&Template=/CustomSource/MemberDirectory/Search_Form_Client_Main.cfm) to look up employment attorneys.
Do you hade health insurance through your job? If you lose it you can go talk to the hospitals financial aid department. Sometimes they will cover the cobra coverage to grantee some money coming in from all the bills.
You need 12 months and 1,250 hours of work during those 12 months to get fmla, so you should have it by the end of your pregnancy if you worked enough hours. Otherwise they canÔÇÖt fire you for being pregnant but fmla will give you the time off after birth.
Access and screenshot any favorable reviews/material to support your claims.
> IÔÇÖm 6 months pregnant
>
> 2) IÔÇÖve been working here 10 months
Assuming a nominal birth date, will you have 1250 hours worked in the prior 12 months when you leave to give birth?
Have you started FMLA paperwork with HR? If you haven’t, I wouldn’t rush to it, I’d do a consult with an employee-side labor lawyer first.
Are you an employee or contractor?
Hi the important question is why they are for you. You mentioned a conversation with your supervisor. Are you on a PIP or have been reprimanded for performance. If that is the case they are just waiting to fire you after you give birth to a of any issues
Go to the Equal Opportunity Commission https://www.eeoc.gov/
Start saving emails and screenshotting everything and save it to your personal computer or personal email. Contact lawyers, have one lined up, Have your baby, let them fire you, then get your bag.
Lawyers do payment plans for people who need it.
Try the [Texas State Bar Lawyer referral](https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_).
Personal injury is very different and not what you want.
You should speak to an employment attorney. There is a lot of FMLA discussion going on in the thread, which is good, but it’s not the full story.┬á
It’s illegal to terminate someone for being pregnant or having a baby. Even if you haven’t been there long enough to qualify for FMLA. Still illegal. If the screenshot says what you claim, then you very likely will be able to take action if they do follow through on the adverse action. An attorney can give you better guidance on this.┬á
Even if you don’t qualify for FMLA, you will be entitled to some leave under the ADA or Pregnancy Discrimination Act. The leave entitlement isn’t as much as under FMLA, but the protections aren’t nothing.┬á
You want a plaintiffs employment attorney, not a personal injury attorney. Depending on where you are in Texas, you may have to settle for someone who has a more general practice, but look for someone with significant employment experience. Your state bar association may be able to help. 
Likely no one will be able to take action until something actually happens. You can also reach out to the EEOC to ask questions and get clarification on your rights, and as a government agency it’s completely free.┬á
How do you have this screenshot? Is it admissible?
Will you qualify for FLMA by the time you give birth? If so you have a good case since they are required by FLMA to keep your position or a similar position open while you are on leave.
You will have been employed for 12 months before the baby is born. You need to apply for FMLA immediately once you are eligible.
You need a labor & employment lawyer. Those do exist in Texas (as I also exist in Texas and I have family members that are certified labor & employment lawyers).
If you’ve been working there for a year by the time you are ready to give birth, you are entitled to FMLA benefits which would mean they have to hold your position for you while you’re gone.
I am currently pregnant, living in texas, and am going thru the process of applying for FMLA leave for my maternity leave. I was told that I would only qualify if I had worked for my company for a year or longer, which by now I have, and that the leave would obviously be unpaid.
Contact the EEOC too
Any Employment Attorneys charge a percentage of your settlement. You don’t need a retainer. The percentage they charge is usually about 30% plus fees. Anyone charging more than that is not someone you want to represent you.
They’ll help you with the EEOC forms just save all your evidence and if you have a company phone, print out the texts and save them.
Try searching ÔÇ£employment attorneyÔÇØ instead. IÔÇÖm in Texas and had to sue a company when I was pregnant, I found one that took my case pretty quickly.
Get FMLA before you leave, they can’t let you go if you have FMLA. Any doctor will approve it for pregnancy. I work in a remote job and can verify this.
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Legal Aid
Personal injury attorneys are not the same thing.
Your state labor board/agency may have a listing of employment attorneys in your area. Your state legal bar may also have a list.
You can probably get a lawyer on a contingency basis, or you can go to human resource and show them the email and they might have a change of heart, but consult a lawyer first,a consult isnÔÇÖt a bank breaker and sometimes they will do it for free
A note on #3. YOU DID NOT LEGALLY GET THAT INFO. Please for the love of everything do not ever tell your company this. That is grounds for termination and will give them a valid reason! You cannot screenshot a conversation like that as it likely violated 1+ company rules. Instead, you can say that you were told “XXXXXXXXXX” on ____ date by employee YYYYYY. That way HR or lawyers can still get the data while you didn’t just incriminate yourself.
1. Externally save all evidence you have (print out, screenshot, file the emails in a way that wont get deleted).
2. FMLA or Texas PFL does NOT kick in until 12 months of service. (Look up SB222, it just passed in Nov). If you give birth after 12 months, then you are entitled to paid family leave under Texas law (8 weeks paid run concurrent with FMLA’s unpaid leave).
3. Document any incriminating evidence and reach out to HR asap. Please know, HR is NEVER on your side. They are to protect the company. Once you reach out to them, they will effectively be on damage control to prevent the company from being sued. You can send them a vague email saying “I am worried about my status at the company due to my pregnancy as certain employees have commented how my pregnancy will be an issue for ongoing employment and that it might be best to let me go despite no issues with my performance”. This outlines everything without throwing anyone specifically under the bus. That way HR won’t go immediately to your boss and then they won’t have time to falsify your performance (say you were a bad employee and that is why they are firing you). Follow up with the HR rep every month or so, so there is a paper trail of the issue(s). The reason you are reaching out to HR though is because you need to document that you tried to raise the issue with the company prior to termination. This will go miles in helping you if you are terminated and file with EEOC or in federal court. If you ever have a phone call with HR, MAKE SURE TO SEND A FOLLOW UP EMAIL AFTER. Do not take their word on anything. Unless it is written, they will deny anything/everything. Send a follow up discussing every point mentioned.
4. Make sure you document to HR and your manager explicit proof around month 8/9 that you are planning to take maternity leave after your child is born. While it is probably obvious, you want as much proof/evidence that you gave notice and that the reason they are firing you is explicitly this.
5. If you make it to month 12 and take off, congratulations! Take as much as you can off and bond. Do yourself a favor and once that happens, reach out to HR and let them know. Now that you made it to leave, open the floodgates and send them all the incriminating evidence you have. Say you are worried about returning because of all this. Ask if you can meet with them to discuss options like switching departments or managers. Please note, be prepared for HR to potentially decided they would rather still lay you off, however this will likely be on good terms as they will offer a pretty decent severance to avoid an obvious lawsuit.
6. JOB SEARCH. Sorry to say, it is 99% likely your time at the firm is limited. Even if you manage to hold off your termination, you’re likely not going to be promoted or get great reviews. You should start preparing for an exit asap.
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