pitykitty
136983
4071
576
UPDATE: http://imgur.com/gallery/Bnxfl
So I am a server, and I've been serving at this restaurant since the end of last year. I've developed a lot of cool new friendships and have learned a lot here. This job has been the best job I've ever had because of the environment and the people. I love it.
One day we get this new manager in. We'll call him Jason. He's weird, super tall/big and socially awkward. No one likes him, but I decide to give him a chance anyway. Everyone deserves it, right? I wasn't his biggest fan but I wasn't about to let him ruin my job for me.
He got worse. The power trips, snide comments, blatant sexist remarks, it was ridiculous. We all started hating him. He treated us with great disrespect and got mad that no one liked him. Despite this, we still did our jobs effectively. He would go running to our GM (who is a wonderful manager, btw) and say how much his feelings are hurt, etc.. He always put on a show for him, so our GM didn't really believe he was all that bad.
I recently found out that I was pregnant. I'm about ten weeks along and it's not very safe for me to be doing any lifting during the first trimester, as it is risky for the fetus. I am a small person. I stopped running the heavy trays and opted for running the smaller ones instead, while also stocking anything that needs to be stocked. I'm a team player and just wanted to make sure I was making up for what I wasn't doing.
I'd been doing this since I found out and the other managers have been fine with this.
Yesterday, after the rush died down, I went to the kitchen and checked my phone. This isn't encouraged but it's not a big deal to the management as long as we do our jobs. Jason walks by and says "OP, go run food". I look at the window of food and notice that the only trays up there are too heavy, five plates of food on each tray. I respectfully tell him that I can't, they're too heavy and I'm pregnant. There were other servers standing around, so why he was singling me out, I don't know. He became livid. His face turned red and he started yelling at me. "DO YOU HAVE A DOCTORS NOTE THAT SAYS YOU CANT RUN FOOD?" No, I don't. I didn't know I needed one. I'm pregnant. He then says that I need to run food, which I'd been doing all day, just not the heavy trays. I stated this and he said that I needed a doctor's note. I got angry and yelled at him, saying that I am pregnant, I'm not endangering the life of my child for you, sorry.
He was very angry at this point. He looked like he was going to hit something and said that I was cut (which means I'm not taking anymore tables). He said he "wasn't dealing with my shit today". I'm not sure what that meant, because I'm usually pretty quiet and laid back.
Cut to checkout, when I'm giving him my money from the day, he sits down with me and says that "it's not working out." I need a doctor's note to not "do my job". I asked him, "So you're firing me because I'm pregnant?" And of course he says no. Apparently he's firing me for my "attitude." He doesn't like the disrespect and the fact that I cursed. He also said that he called our regional manager and he said it was okay ( which I find hard to believe). He told me that there's no calling my GM on Monday and getting my job back. I was furious.
So what did I do? I called my GM while he was on vacation, and I never wanted to bother him while he was there. I told him what happened, while I'm crying hysterically. He said that he will meet with me on Monday (tomorrow) when he gets back and we'll talk. I'm really nervous. I can't afford to lose my job over this. My coworkers keep telling me that everything is okay and it'll be fine, but I'm just scared. I've never been fired before. I'm a hard worker and my coworkers love me.
I feel I can work with the guy and maintain a professional relationship, but he always lets his emotions control the situation. He gets really flustered very easily and is always disappearing to call his girlfriend during rushes. Anxiety problems, maybe, but when you are manager of the front of the house we need you to be present at all times so if our guests have any troubles, it can be resolved immediately, not 20 minutes later.
I guess my pregnancy hormones are getting the best of me. I can't stop crying (I never cry haha) and I'm just emotional. To anyone who read this, thank you. I just needed to let it all out.
TLDR; Asshole of a manager fires pregnant server for protecting her unborn child.
EDIT TO ANSWER QUESTIONS AND COMMENTS:
I would like to add that another one of my coworkers was 9 months pregnant and "Jason" tried to tell her that she was lazy for not running trays. That same day, she went into labor. She did the same thing as me; didn't run the heavy trays but made up for it in other areas. It was never a problem with any of management until he came along. She also didn't have a doctor's note and was never asked for one.
I have never been written up before and I am a good employee. Top in sales and go above and beyond for the company. There are others who work here who go off on managers all the time, swearing included, but haven't been written up. They are good employees. Some should have definitely been fired because of it, but nothing was done. It happens all the time around here. I also apologized to Jason for the incident but he didn't want to hear it. I'm one of the top in sales and all around a good server.
For those saying I should run the plates of heavy trays separately, we are not allowed to do so. It causes too much confusion when someone reads the ticket on that tray when things are missing and causes missing food. I feel like people saying this have never served before... I have served at other places off and on; I know what I'm doing. Like I said before, there were plenty of other servers standing around that could have run those trays who were also on their phones. I don't know why he singled me out.
absolutegarbage
You can lift. I don't agree with you being fired, but seriously women drive me crazy with this. You are pregnant, not dying. Act normal.
Phishouttawatta
That WAS attitude: snarky "endangering my child's life, sorry" line, should've approached him ahead of shift & discussed limitations
Phishouttawatta
that would have been adult and responsible. Or, "I discussed it with the GM already, and we have worked out which food trays I can run"
icookfoodandfightfire
well hes an ass but not much you can do, if you two got into it thats a legit reason to fire someone even if thats not really the reason
eredin
Contact GM immediately. If that doesn't work, go corporate. Then tell the news that you were fired for being pregnant. They'll see blood.
birdlife
But she wasn't. She was fired for yelling at her manager and not getting a doctors note when she needs one.
Sh4kes
Get docs from the the doctor ASAP, but otherwise absolutely do this.
gunter
Can you point to the paragraph where it says he fired her because she was pregnant?
youmoron
never fucking tell a boss, or the companies HR department for shit like this. Take them to court and fucking crush them.
revooms
Just in case you didn't read it: "So what did I do? I called my GM while he was on vacation..."
eredin
It literally doesn't matter at this point. If one of my TLs fired someone while I was on vacation for this, I would want them to call me.
revooms
That's what she did, contacted her GM. No need to tell to contact her GM
eredin
I missed that. >_> Was it really there in the beginning? Damn.
revooms
;)
itsybitsyspider
For what? She didn't have a doctor's note or any documentation. She just said she had a lifting restriction. Nothing to back it up.
antlers9
No, OP shouldn't be fired for being pregnant - but that's not what happened.
masreya3
This is really interesting. Typically can continue what you did before pregnancy in activity. Lifting limits matter more later.
ColonKoala
Okay it's kinda weird, but it also sounds like you snapped at him cause you were on your phone and then made a bunch of excuses he didn't+
ColonKoala
Have any proof of to know. Then rather than saying you'd get a note. Since you should have an OB, that's no problem
laurendominick
You were fired for attitude I think. And for checking your phone when not on break. You need a note before you refuse to do the work.
laurendominick
By the way, I worked through three pregnancies and managed stores for ten years.
nursk8
L&D nurse: he's a dick but you can keep doing your job as normal. There's no reason you can't. Ask your dr/midwife.
frosty147
Yep. Glad you chimed in.
Hypasurf
Yea I thought the rule of thumb for early pregancices is for the mother to keep up her normal routine as long as it a healthy for the baby.
Quirky74747
Yeah, it didn't sound like a doctor told her that, more like something a friend or family member had told her at some point. Ask your dr.
Doyousellfreezepopshere
Actually you're not supposed to lift heavy things at any point in your pregnancy. Especially if you've ever miscarried or had problems in a
Doyousellfreezepopshere
Previous pregnancy. I was told by my OB to not lift anything over 15 pounds. It could cause premature labor and low birth weight. I'm almost
Doyousellfreezepopshere
Seven months pregnant and they told me the bigger I get the less I should carry heavy things because my center of gravity shifts forward and
Doyousellfreezepopshere
There's more of a chance of falling and injuring myself.
Bumbletonbee
Also, ligaments are softened and lifting/pulling etc can cause damage. Nearly 8 months myself and have read/been told not to lift etc
bunneebutt
I was still working on adult oncology while pregnant. Turning and lifting large patients and dealing with chemo. So... Yeah. She's fine.
ZoidbergIsGreat
And I was working OR and moved houses and I had a micropreemie. While statistically unlikely it's safer to avoid heavy lifting.
nursk8
Yup. Me too. Epidural-ized patient transfers. In the Birthing Center. Not a single OB objected!
bunneebutt
I actually think it made labor easier for me, being so active throughout pregnancy. I know everyone is different but she just sounds whiny.
coloRadoaN
Cardiac ICU RN, 34 weeks with twins...I'm still working my 3/12's and haven't slowed down. No need too, we're all healthier for it.
Snobster
ICU RN as well :-) I remember still doing chest compressions during arrests when I was pregnant with my first. Other pregnant girls refused
dukenukemforpresident
Some people are just lazy, some people have legit excuses
allclownsareevil
Unless you have specific risks with your pregnancy you can still perform regular duties. You're pregnant, not disabled. Act accordingly.
thatbeardedswede
So I am a server...
ImaginarySuccess
IBM, Dell or other?
dukenukemforpresident
Imgur, Currently it isn't lifting or doing shit.
heretohelp
1 I'm pregnant and haven't stopped doing the things i would normally do in my job. I've heard ppl say I'm not supposed to lift heavy things
heretohelp
2 but if I stop doing it then I'm not doing my job properly and someone else would have to pick up the slack. Without a medical cert the
heretohelp
3 company has no reason whatsoever to put more ppl on and cover my arse, and I honestly don't think they should have to. If you can't do
heretohelp
4 your job bc you're pregnant then you should take leave or something, in my opinion. It's not the business's fault I'm knocked up.
Pahqman
This reads massively non objective...
spideyatlaw
This is my life. Every day.
footfoe
No. You got fired for yelling at your boss. There's a difference.
KingKoschei
He isn't allowed to yell at her or anyone else
footfoe
"I got angry and yelled at him, saying that I am pregnant, I'm not endangering the life of my child for you, sorry. "
KingKoschei
He yelled first though correct?
BlueLube
I feel like op's doctor would have given her a note for work if he knew she was a server. I mean, its work, you want to protect yourself 1/2
BlueLube
From ANY technicalities. Especially if the manager/boss is a a renown ass.
Nkatt
I've worked in a kitchen..if OP is a food runner as it seems she is. And she can no longer run food..she should 100% of gotten a note
cpdgcibseg
I worked at McDonald's and needed a note so I didn't have to carry the fry station and get ice. Always get a note, even if it isn't "needed"
hitzchicky
She's not a dedicated food runner. Sounds like a restaurant where when a dish is up, whoever is available takes it.
cpdgcibseg
Unless your Dr specifically told you that you can't lift the trays, you should have been doing so. Especially since you stated that you (1)
cpdgcibseg
have been a server before. Your body gets used to it, so unless you were straining, it shouldn't have been a problem. Pregnancy is not a (2)
cpdgcibseg
disability. And since you didn't have a dr's note, you're pretty much SOL. The fact that you argued and cursed is enough to fire you. (3)
bond100
This is either a bullshit sob story, or you're ignorant. Get a doctor's slip saying you can't carry over X pounds, and this goes away.
spideyatlaw
As labor & employment attorney- no. It doesn't always. You should hear the shit that goes on. ITS AMAZINGLY BAD
bond100
OP spent two months demanding accommodations with no evidence other than self diagnostics and was insubordinate. Legal grounds for dismissal
spideyatlaw
Even when there is a legitimate reason for termination, you can still argue discrimination. The law is not cut and dry.
spideyatlaw
I'm not going to rehash all the ways it is. I'm not legally allowed to give legal advice unless retained. But I don't think OP is SOL.
spideyatlaw
I'm not saying OP has great claims or even have has claims. I don't know enough about her employment. But it's not necessarily a closed case
itsybitsyspider
OP also swore at her employer and yelled at them. That is definitely what NOT to do.
spideyatlaw
If other employees swear at employer & are not fired but she swore & was fired (and pregnant)- she could have claims
Jazmynejayy
Ok but OP didn't even make the attempt. At 10 weeks if she has already seen her OB she should have a docs note.
spideyatlaw
Don't need a doctors note for pregnancy. And just because you don't hand in a note, doesn't mean it's not discrimination. w other facts can
spideyatlaw
Likely still show it's a violation
Jazmynejayy
Depending on the state you will need to prove a medical condition necessary for restriction. So that's not true or untrue TBH
spideyatlaw
Yes the state will dictate the laws. But under Preg Discrim Act- federal- you do not need to furnish the employer with a doctors note Unless
rottieandmutt
Sounds like your attitude got you fired, not your pregnancy. Keep it professional, yo
Wakborder517
Different employees had the exact same issues with little to no punishment. OP was fired. That's discrimination.
evileve330
With a normal pregnancy you should be fine to lift heavy objects. With a high risk pregnancy no heavy lifting. You need a doctors note...
Spellsthingswrongallthetime
She received a docs note in the update
MistyNoble
My doctor basically told me I can lift 60 pound totes at work as long as it's not something I never did before. I did it for 6 months.
amira18
My mom just had her baby today , she was high risk being 43 , tbh op sounds a bit bitchy, my mom still did heavy lifting even if we offered
MistyNoble
I agree. I did stop lifting heavy at the end of my pregnancy just because it hurt. But, I didn't have a problem before at all.
Siegerose
Yep.
GreenLanternMD
It doesn't really matter in either case, there is no contraindication to heavy lifting in early pregnancy
Doyousellfreezepopshere
If you're high risk there is risks lifting heavy things could result in early labor or low birth rate.
GreenLanternMD
I think you mean "weight", not rate. Not relevant in first 2 trimesters, after that arguable, largely presumed but not evidence based.
frostedflakesaregrrrrrreat
But then she'd have a doctors note...
whatsyourspaghettipolicy
Just bc you're high risk doesn't mean your doctor just writes you a note. You have to ask for one, and OP had no reason to beforehand
Scandeliciously
Exactly!
nudistpriest
Lol @ people saying this is illegal. Yes, you're pregnant, but you also swore at your boss and are having trouble doing your job. Get real.
spideyatlaw
If other people have not been terminated for cursing. But she has AND she's pregnant - could make discrimination claims. Cha cha cha
itsybitsyspider
They'd just say she didn't provide proper documentation and cover their own asses.
spideyatlaw
Unless it's a big company, likely no proper docs. Plus they don't always work. I'm a labor & employment attorney. I see this everyday
Bartimala
Kek, this. Not your bosses fault you felt the need to get penetrated and loaded up.
nudistpriest
It's not his fault she can't do her job properly. No need to shame her for being pregnant you cunt.
KingKoschei
He should have been smacked for acting that way, being the boss doesn't mean you can take your shit out on employees.
[deleted]
[deleted]
KingKoschei
He yelled at her first grow the fuck up you child
skelitor120
Yep. "take your shit out" as in "it's the lunch rush and I just told you to go do your job"
korvazor
if you can't do something ALWAYS get a doctors note, no matter what.
skallskitar
I'm unable to get a period. Should I get a doctors note?
spaghettiThunderbolt
Ah, yes, doctors. Those things that are really cheap and always have tons of open spots for appointments on really short notice.
superbadonkey
Found the American.
Trottski
Ahh the joys of unsocialised medicine
frostedflakesaregrrrrrreat
During pregnancy you have to go quite often. At ten weeks she probably just went. Also, generally you call and then pick up a note later...
IMadeThisOnlyForDestinyCodeBegging
Maybe you should move to a country with better healthcare. One call before 9am and I get an appointment for that day.
Superking420
tfw healthcare on a server's pay is impractical
nanyatenyaa
But people are legally required now to have some form or pay a fine. Also, when having a baby it's worth it to have(surgery). Copay 25$s. 1
Superking420
what's the surgery
nanyatenyaa
Hospital care is very expensive for a mother, even if she doesn't need a c-section. Drugs, natal care, etc. - Adds up to many thousands.
nanyatenyaa
You save thousands upon thousands on the surgery if you have medical, not having it makes no financial sense when pregers. 2
rainerclouds
Being preggo without healthcare is impractical. Medicaid in many states is far more reasonable than paying out of pocket to birth a child.
Superking420
tfw birth control on a server's salary is expensive as hell
TiannaTV
My mom was told she was not allowed to wear sneakers to work after foot injury despite providing a dr note. They don't always help...
Doyousellfreezepopshere
Well that could be a safety issue, a lot of places have catalogs you have to buy specific shoes from in order to work there.
TiannaTV
She works in an office with no customers. The reason is it's against "business dress code"
dukenukemforpresident
time to say fuck them and do it anyway then
birdlife
If you don't have a doctors note then you have no legal rite to refuse to do your job and complain if you get fired.
heeziedoesit
You would need a doctor's note. You're pregnant not disabled. Whether he's an asshole or not.. It's your job and you can't pick and choose
PhonySoprano
I definitely don't believe this story.
hockeyham
I'm still waiting for a tree fiddy punchline.
spideyatlaw
Consults come in with stories like this daily. Sometimes there's more to it (and bad for employee). And other times there isn't.
LadyWidebottom
There's definitely more to it than OP is letting on
nudistpriest
I believe she got fired for yelling and swearing at her boss. Not for being pregnant.
interrobangcat
Sure but if she's a good employee like she says, he's either a discriminatory dick or she's not telling the whole truth about what she said.
AdmiralButtStuff
Nobody ever lies on the internet. Ever.
interrobangcat
On the internet, nobody knows you're a dog.
jimmityjammity
Always safe to assume everyone in these stories is a dick and people who post to randoms on the internet can't be objective very well.
eCanada
I had a server write up a 6 page note claiming sexual harassment and aggressive behaviour against me and spread it all around the (1/2)
eCanada
building. When the GM and HR met, she broke down saying it was all embellished and it was because she thought I didn't like her. (2/2)
PolarHailStorm
At the basics it's essentially a manager taking liberties in a service environment. I've known plenty of assholes like that. Not too crazy.
EndlessMouthDiarrea
What? You don't believe a story painting one person as perfect and the other person as evil incarnate?
Electriccarsbestcars
I 100% believe this story because the food industry is a cesspool of dicks
PhonySoprano
Considering I worked in there for several years with a bunch of assholes, and this never happened, I don't believe it.
javaknowledge
Ya so sorry...but he is right about the drs note. Get one that says you cant lift heavy and you should be fine.
Doyousellfreezepopshere
Yeah she should've got a note but he didn't even give her a chance to get one!
NotTodayNotYesterday
So, having your abdomen swell to the size of a basketball isn't hint enough? Uh huh, okay.
Pawnderlust
At 10 weeks she's barely showing *if she is showing at all
jmartkdr
In the first trimester?
Jazmynejayy
Exactly I'm 7 months pregnant and look 3 it's not something you can always tell. +1
Amazingamandaaaaa
I'm 0 months pregnant and I look 12 months
Jazmynejayy
Haha you're having an elephant congrats!!
Nkatt
This. If you're a food runner and physically can't run food you need a note. Also blowing up on a manger is never wise
kermie92
But firing her the same day he asked for it was not reasonable
Starlatan
Neither was the fact that he was being a fucking hypocrite. "I CAN RAEG FOR BEING MANAGUR BUT YOU CANT LOLOL"
AdmiralButtStuff
Welcome to life. Sometimes there asshole gets away with it.
Starlatan
Yeah, no shit. I worked in a very isolated area this summer, and most supervisors were power hungry SOBs. Ugh, thank goodness it's over.
interrobangcat
I think that's the part that makes this discrimination. If she couldn't get the note, then he's right, but he didn't even let her try.
Spongybunny
If it's an at-will state then he doesn't technically need a reason to fire, but can use her "attitude" as a defense against discrimination.
interrobangcat
Probably true, especially if the restaurant doesn't have specific policies about it.
kermie92
Agreed, + also provoked her so Im considering her attitude a natural response to "no one else requires you have a note but I demand one NOW"
interrobangcat
Especially with the other pregnant coworker, if they're doing the same work, she thought she was good and management didn't correct her. 2/2
interrobangcat
The other managers who knew she was pregnant should have told her she needed a note. But, 1/2
Jazmynejayy
26 weeks pregnant here and I go to the gym and lift weights 3-4 times a week. That's bs. I could see morning sickness hampering you (1/2)
Jazmynejayy
But you will not increase the risk of miscarriage by lifting. Only if your body is unaccustomed to the strain could you potentially get hurt
rainbowcoloredpoop
Hey pregnancy week buddies! I'm also at 26 weeks! Totally agree with you, as long as you're used to it there's no harm in lifting food trays
Jazmynejayy
Hey prego week buddy. How are things? Have you started swelling yet? Cuz swelling sucks! & I didn't get active until 2nd tri so there's that
masreya3
38 weeks, no swelling so far. I attribute most of this to regular chiropractic care and low sodium intake! Maybe sheer luck too haha :P
Jazmynejayy
Lucky!!! I'm jealous. I don't go to the chiropractor but I chug water like crazy and I think it staved off swelling for most of my pregoness
rainbowcoloredpoop
Can't sit with my legs crossed properly at the moment, but that's not nearly as bad as the first karate kick in the bladder every morning.
Jazmynejayy
Ah see mine are not only in the morning. My bladder kicks are all day haha! & I can't put my own sneakers on anymore lmao!!!
dukenukemforpresident
Memories, Wifes pregnencies were great. Used to tour every pit stop there was on our outings.
rainbowcoloredpoop
Oh they're not only in the morning, it's just that the bladder's so full then that makes it worse than all the others! Wear slip on shoes!
goodguyC
Can I give you advice? Just turn off the damn phone while you're at work. This goes for every one... quit checking texts/facebook at work!
goodguyC
I'm 30, so young enough to know the addictive power of the phone. I just turn mine off when I get to work.
itsybitsyspider
My work don't give two shits about being on the phone :)
allclownsareevil
Then, and trust me on this one, you're a non-essential employee. Your future there is precarious.
[deleted]
[deleted]
allclownsareevil
And managing yourself would entail not being on your own phone all the time. You're at work, act accordingly.
[deleted]
[deleted]
itsybitsyspider
Actually, it's not but that's a long story in and of itself. Yeah, I could be let go tomorrow, but the chances are unlikely.
allclownsareevil
Ok. If my employees were on their phone often I'd be annoyed I was paying them not to work ... unless you're a phone tester of course?
chaosinwhat3v3r
Being pregnant isn't a disability. You need a dr's note.
spideyatlaw
Not ADA. But check out the EEOC & PDA
spideyatlaw
Who disliked my federal statutes?! YOU HEATHENS! Hah
ROCKETMAN1979
The Pregnancy Discrimination Act of 1978 says otherwise. It's a temporary disability and the employer is required to make accommodations.
fartalert
If it disables you, it's a disability
spideyatlaw
Under the ADA, pregnancy is not a disability.
fartalert
My bad, I live in Scandinavia. We have heavenly parental leave laws here
spideyatlaw
US has FMLA and some other legislation. Currently FMLA is not required to be paid leave. Unfortunately
wiredcoat
Get a note from your doctor. Problem solved.
spaghettiThunderbolt
Doctors are expensive. They're also hard to get on short notice. A lack of doctor's note does not excuse being a cunt.
Bloodandpheromones
But without one, no success with a wrongful termination suit
spaghettiThunderbolt
And with one, no success with a wrongful termination suit. "No, your honor, we fired her for her attitude." Case dismissed.
Bloodandpheromones
With a note, you make it through discovery
birdlife
Doubt they will give her one. It's not medically nesicary ecary to stop lifting things.
theliquidsteak
Holy fuck! fucking shit you are, she's just going to produce a docs
theliquidsteak
Note out of the air during her shift?
dangeroushorses
Shouldn't she have already given one?
secretlyopiniated
I don't think you actually need one to confirm pregnancy.
dangeroushorses
If your boss wasn't a prick, it could just be a verbal agreement. Hers WAS a prick though, so unfortunately, yeah, note required.
dangeroushorses
When it's something that requires you to change tasks you'd normally perform, I'd imagine you do. At least if your boss is a dick like hers.
bond100
Not to confirm, but if you have to stop doing essential tasks for which you were hired you need a doctor's note.
LadyWidebottom
It was required in both of my roles. Had to provide a letter confirming it and the expected due date. In a supermarket and in an office.
PolarHailStorm
I don't think the problem is OP's pregnancy, but the actions and attitude of this manager. A doctor's note would only delay until next time.
Bloodandpheromones
Doc's note would establish a legitimate request for an accommodation - without a request, she can't establish wrongful termination
PolarHailStorm
My point is the manager would still be there. Even if she had a Doctor's note, he could dismiss it or wait for something else to blame.
Bloodandpheromones
Yes, but easier to see his excuses as excuses if she's taken certain steps
Electriccarsbestcars
Yep. Exactly this. Even if she wasn't preggo he would probably pick on her.
LadyWidebottom
Yep, but the more evidence she has the more likely it is she can contest the way she's being treated.
PolarHailStorm
If she's ever believed in the first place. People getting singled out and run out of their jobs is common, because they don't 'fit' etc
smittykane
But then there'd be no sob story for Imgur.
Electriccarsbestcars
and I lost conciousness. Ice machine door. Assman was a dickbag and yelled at me for sitting for a few minutes afterwards.
Electriccarsbestcars
Na, there's tons of shitheads who look for opportunities to treat their subordinates like this. I got clocked in the head at work once ...
Sh4kes
I got fired for breaking my wrist on the job. Immediately after returning from the medical unit I was let go for "attendance issues"
Sh4kes
Judge was so angry he berated the manager for 15 minutes a hearing
Surrealle
You weren't fired for being pregnant, you were fired for not performing the job w/o any medical doc of your situation.
Surrealle
Sorry but at the core of it you diagnosed yourself with a med condition &expected to do less w/o any doctor's say. It doesn't work like that
NotTodayNotYesterday
Diagnosed herself...? This isn't a fucking Tumblr mental deficiency. I think anyone can tell if someone's pregnant.
Surrealle
Not at 10 weeks you can't.
Jazmynejayy
She does have to legally prove pregnancy. Which a docs note would do. Unfortunately you can't just tell especially in the first tri
Surrealle
http://www.parents.com/pregnancy/my-life/maternity-paternity-leave/maternity-work-rights/ see number 2
umbrella47
"An employer is not legally required to make it easier for a pregnant woman to do her job."
AdmiralButtStuff
She was fired for fucking around on her phone and yelling at her boss. Not for being pregnant.
Surrealle
That too
IhaveTP4Bunghole
Gather all the evidence you can. Hire a lawyer. For this is oh, so illegal.
[deleted]
[deleted]
AliBarber
Wow you're a dick
malleng
I agree with him.
VolcanoTacoGinsburg
The problem is I think he can she was fired for messing with her phone and avoid the pregnancy argument altogether.
gunter
This. He never said he was firing her because she was pregnant he was firing her for not doing her job.
gaugetx
In texas you can be fired for no reason. Nothing illegal about it here. Dunno where this is though.
Meloncov
In right to work states, you can be fired for no reason, but there ARE reasons that you can't be fired for (very tough to prove, though)
DJMelloBeatz
as a server at an upscale chain, i guarantee you there are over 50-100 lawsuits out on the parent company. they don't give a shit. they'll
DJMelloBeatz
take your shifts away until you can't make any money. we usually work paycheck paycheck (sometimes night to night) so we can't afford it. :(
jimmityjammity
Evidence may show: Colleagues pissed she was using it as an excuse to do nothing + she flipped when asked to break it into smaller trays
itsybitsyspider
No case here. She didn't have a doctor's note saying she could not lift heavy things.
justahumanonline
There's a bit more nuance than most commenters here realize, but 140 characters, >:( Anyways, technically, yea, op needs a dr.'s note. 1/3
justahumanonline
otoh, suuuuper illegal about the circumstances of firing right after informing manager about being pregnant. 2/3
justahumanonline
also, if manager didn't document a series of write-ups before today, also sketchy as hell. there's more, but that's the general jist. 3/3
Zootsoot
Actually, if she was never written up, had no previous complaints and another worker did the same thing, she had a case.
birdlife
She was on her phone during her shift and yelled at her superior. He has as much of a case as he does. Also, doc notes are necessary by law
Meloncov
OP yelling at the guy gives the boss legal cover. If she'd stay calm, she'd probably have a good case.
IGoByMeme
No, it isn't. The only reason firing somebody would be illegal is if it were for the "wrong reason." Firing someone for no reason is legal.
Thelightyear
With a lot of places in the service industry it actually says in the contract you sign saying you will not get pregnant..
whiskeytree
Listen to this guy. He knows what's up.
Brand0calrisian
Assuming you're in the US
ColonKoala
It's not illegal. It's a little fucked, but legal
dwilson0725
So fucking illegal, haha.
graygrif
(Assuming US) It's been illegal since the passage of the The Pregnancy Discrimination Act of 1978
SegalKiller
.
chefsoda
Def talk to a lawyer & get the doctor's note. If they haven't documented their claims of your behavior, they're in a heap of trouble.
chefsoda
Why would anyone downvote my comment? This is standard employer law? Wow.
jjnguyen
My sentiments exactly. Especially since you have a good record and it seems like all the other managers and higher ups like you
napoleonsghost
as a legal professional the amount of misinformation here is hilarious
Surrealle
As a non-legal professional (wait, that didn't come out right), I agree
queenelizabeth
Do tell!
Qumefox
This is the internet. everyone here is an expert.
bubblefett
Not even a little bit illegal. No restrictions from a doctor and insubordination is grounds for immediate termination.
KujoYohoshi
Actually, in Florida you can be fired for no reason. You just get a better chance for unemployement. She wasn't fired for being preggers,
KujoYohoshi
she was fired since she yelled at a manager and insulted him after being asked to take a tray.
Wakborder517
Being a right to work state does not excuse discrimination. Period.
KujoYohoshi
She's not. She's asked to complete her job when she's fully capable of doing so. She's just wanting to complain and make excuses.
Wakborder517
Other employees received no punishment for the exact same issues. That's discrimination. @OP was fired for being pregnant
KujoYohoshi
believe I shouldn't have to take it cause I'm pregnant and say I can't"
KujoYohoshi
OP didn't say "Everyone insults manager when asked to take a 'heavy' tray" You can't just insult your manager and think "Its okay since I
Etheril
very much illegal. If she was not told by any other manager to bring a note for said circumstance, then he will be seen as singling her out.
KiekoRuno
She didnt fire her for being pregnant, she was fired for insubordination (refusal to do as instructed).
KiekoRuno
HE**
bubblefett
Not really. If there were a pattern of being singled out she could claim hostile work environment, but asking for a note isn't harassment.
Etheril
sure, but as soon as she said she was pregnant, and explained that she had told the other MoDs of her situation, and their acceptance >
Etheril
< without a note gives her grounds for harassment.
rockpapermeow
When you're a server, hiring a lawyer really isn't an option.
OkNowKith
The EEOC is free and will handle everything for you try to get the employer to fix it before court. So illegal to discriminate base on prego
OkNowKith
My wife was hired being pregnant from Kroger. The next day she was let go for the restriction. 6 months later they paid all back pay and
OkNowKith
attorney fees plus a 5k settlement. so she was paid for what she could have worked that entire time out of work and settlement. cost us zero
gunter
For the love of dog he wasn't firing her because she was pregnant. He was firing her because she wasn't doing her job.
OkNowKith
because she was pregnant... full circle achieved!
gunter
He didn't know that and that was not the motive invoked. She just assume is okay to slack on work without checking a doctor.
SomethingOffensive
Technically no. She was fired for not doing her job. She should get a doctor's note even if they didn't in the past, just to cover herself.
WhyAmINotASaiyan
I don't mean to offend, just playing devils advocate here, but pregnancy can only impede your ability to move and work right?
birdlife
depends on the state. where i live (Ky) you cant be fired for race or disability, but you can be fired for pretty much anything else 1/?
birdlife
I was fired from a local business because i did not check my phone in time a text asking for me to come in on my day off. by the time i 2/?
birdlife
responded she had already deleted me from the system. i had no write ups, never was late, and never had a customer complaint. in fact, i 3/4
birdlife
had to clean up her messes when she pissed off customers. 4/4
Ireallyneedhugs
Listen to this person! ^
gonzoduke
There is no case here. She has not been given a medical restriction and did not clear it with her employer prior to claiming discrimination
Mongo93111
Yup. No case. Even in California. There was no lifting restriction. It was self imposed. This is not something an employer has to abide by.
Mongo93111
Plus, this is only one side of the story. There is always the other side, and the truth (somewhere between the two sides.)
RubyPorto
Also, no doctor is going to give a lifting restriction in the first trimester. Late in the pregnancy, your risk of injuring yourself while+
RubyPorto
-lifting heavy weights increases because your connective tissues get looser, but there's no special risk to the baby & not in 1st trimester.
Thehumanracestinx
That's not true. In all 3 of my pregnancies I was told at the first visit to limit weights lifted to 25 lb.s and given a note to that effect
Thehumanracestinx
I live in Florida,a right to work state,and all of those protections still applied
RubyPorto
Being a right-to-work state has nothing to do with it. The protection is under the ADA and PDA, both Federal Laws. If your doctor gives you+
gonzoduke
She was caught on her phone instead of working. The manager may be a dick. She may be pregnant. The employer has a right to ask for a note.
Amscolie
Actually, she to increased hipaa laws employers can no longer ask for a Dr note that indicates any diagnosis. It has to be very generic
gonzoduke
That is not how HIPPA works. If an employee wants a medical accommodation they have to provide the employer with information as to why.
gonzoduke
The employer cannot predict when employees are able or not able to work. She must tell them...before she is caught checking her phone
AbstractSquid
If you read it, she did inform her multiple managers that she was unable to lift. The dick was the only one causing problems.
gonzoduke
I did read it. Just because manager A tells me I can smoke on mon at 10 does not mean I don't have to ask manager B on Tuesday.
AbstractSquid
And if this is US it is illegal to sort for small problems I.e cell phone, language, etc as a viable reason to fire someone unless they've
malleng
Are you in a right to work state?
byohzzrd
Pregnancy is a federally protected status. State law also protects pregnant employees. "Right to work" doesn't apply.
Wakborder517
That's not relevant. That's not a loophole for discrimination.
timetojointhelazytrain
This is the important question that no one is asking. Except you, of course.
RSQtech
Actually even in at will employment states must follow certain rules for termination... Google "seven steps to just cause"
whatsisname
I think you mean "at will employment". "Right to work" concerns union membership stuffs.
LadyShanna
I live in a a state of can be fired for anything. They still cannot fire you for something like this.
birdlife
they can find a way around saying it's the pregnancy. if he says it was her attitude, even if its untrue, there is no way to prove otherwise
LadyShanna
I know. Buty the fact he cussed her out is grounds for so many legal troubles.
spaghettiThunderbolt
Yes, they can. End up in court "I fired her because of her attitude." Case dismissed. Employers can't be held accountable.
whatsisname
Judges are aware that sometimes employers are liars and sometimes the employees can prove "attitude" is not the actual reason.
graygrif
It doesn't really matter. Pregnancy is one of the federally protected classes. It would be similar to firing someone because of their race.
nanyatenyaa
She was on her phone at work, when she knew she shouldn't be. You aren't a model employee if you think that's okay and shit needs done.
spaghettiThunderbolt
Except it does. Right To Work (For Less) states make you jump through fucking hoops to prove you were fired for an illegal reason.
graygrif
"Right-to-work" is not that same thing as "at will employment." Also, if you happen to live in Montana (the only non-at will state) it is 1/
graygrif
still difficult to prove workplace discrimination, since they can always say they fired you for some other reason. 2/2
jmeyers1983
In a right to work state, you don't have to say why you're firing someone. They can fire you.
JudgeRhymehold
Yeah I had to use FMLA when I was missing a lot of work for medical reasons so they couldn't fire me.
graygrif
While they don't have to give a reason, the timing between announcing her pregnancy and her firing is suspicious. A decent attorney could 1/
jmeyers1983
If you are working as a server, you likely cannot afford a good lawyer. Also, I used to live in one of these states, they always won.
graygrif
argue that she wasn't fired for insubordination or wasting company time, but rather because of her pregnancy. 2/
spaghettiThunderbolt
It's suspicious. Courts tend to rule for businesses, especially when all you have is timing. RTW states make it hard for employers to be
dwilson0725
Correct! I am in an employment at will state and that is so very illegal.
Jazmynejayy
That doesn't mean that she is allowed to slack on duties without medical documentation. So she's still in the wrong.
Matkingos
Not required for pregnant women. You do not need a doc note bc it's pretty common knowledge of what pregnant women can and cannot do.
AlabamaShakySnake
It isn't slacking, you evolutionary throwback.
Belegatar
It is illegal to fire someone due to any form of disability. She can work, just not do it all. Go to the Doctor asap and try to relax.
Sh4kes
It's actually not if OP did not directly report it to them and provide documentation as requested (differs a bit by state)
Sh4kes
That being said she can likely still file, provide documentation, and get her job back
Belegatar
*Sigh* Are women disable as in lost a leg disabled or stroke disabled, no. But their condition is treated the same as a temp disability 1/2
Belegatar
and discrimination is not allow. 2/2
Jazmynejayy
Wrong she can do it all. Pregnancy does not mean lie down and do nothing for 9 months. I lift 3-4 times weekly at the gym and I'm 26 weeks!
JustCallMeMrPigg
Lol, selfish. That's all you are. A selfish woman.
byohzzrd
Every pregnancy is different. My wife carried 2 9lbs+ kids to delivery working 50hrs/wk. Her friend miscarried twice laying on the couch.
FungusForge
My neighbor isn't allowed to lift much more than a glass of water. Granted she's high risk, but just because you have some superbaby (1/2)
Jazmynejayy
Saying I have a super baby. I take care of myself. I take care of my child. I eat healthy and have an all belly pregnancy.
LLQPM
Congrats, i applaud you for being able to do so, but not everyone has the same build or circumstances. If she is a petite woman, which, if
LLQPM
I'm not mistaken she said she was, she may not be able to lift ad much in the first place. And you have obviously never worked in food
Jazmynejayy
OP is not high risk as far as we know. And if she was she wouldn't be working at all. She'd be on bed rest. Right? So don't patronize me by
arcenlapin
Oh get off your high horse, you twat.
Jazmynejayy
I don't have a super baby. I'm healthy and take care of myself. High risk babies are completely different situations. I understand those.
FungusForge
There's also that people are just different. In science they say "one sample a result does not make.
malleng
Pregnancy is a disability?
Malchezzar
I have a parasite inside me god protect
MuddyDuckling
Anytime you can not do something physically because of a health reason it's a disability.
dwilson0725
Yes, it requires light duty. The employer has to make reasonable accommodations.
byohzzrd
In the US it's a federally protected status. If she can't work at full capacity she has to be offered work accommodating her condition.
Butane9000
It's a status that requires light work not no work. It's also considered a protected status.
Jazmynejayy
Protected status yes. Light work is a wives tale! My doctors/midwives made sure to let me know that the AMA no longer recognizes light work
Jazmynejayy
In pregnancy
Butane9000
I'm currently on light work for fracturing my thumb. Light duty is definitely still a thing and is recognized.
Etheril
it is a temporary disability, yes.
Jazmynejayy
Wtf!! No it's not!!! There a pregnancy conditions which can be debilitating but pregnancy itself is not a disability.
MrBananaBeak
It's considered a temporary medical condition and is protected in the same manner as disabilities.
Jazmynejayy
I love that I'm being down voted but no one can find a medical site stating pregnancy is temp disability. Lmao
Etheril
you are technically correct, it is NOT a disability. however it is treated exactly the same as a disability thanks to the EEOC act.
ErogenousEnigma
Is there a particular reason why you couldn't have split the trays into smaller loads?
QueenOfTheLionKingdom
Same thing crossed my mind, too.
superbadonkey
Back up you get. Why would people down vote you for talking sense?
LadyWidebottom
Because this is imgur and sense has no place here, heathen.
pitykitty
It causes too much confusion for other servers, so it's not something we really do. I have done this before and food went missing, and it ju
pitykitty
st overall causes disorganization. I've done it before, it's not a good idea.
littlemorte
Worked as a waitress and cook at a restaurant for many years... we never took trays..you were in charge of the table you took the order from
Feenfurn
I work in an ER and I'm 8 months pregnant now. Seems just as hard as being a server...I have been expected to do my job and keep up.
GoodEyeSniper1
as a server, probably because it'll back up the window to the kitchen, plus taking multiple trips across the resturant looks unprofessional
antlers9
As a regular restaurant patron and former restaurant worker, LITERALLY no one will notice.
GoodEyeSniper1
eh, people did/do at the places I've worked. they're real pretentious at my current job, as a general rule though
antlers9
If it's a fancy place, yeah I can definitely see that. But for the average foodery it's nbd.
RearAdmiralObvious
Yes but wiping out with a full tray looks more unprofessional...:D
GoodEyeSniper1
also true lol
PolarHailStorm
Is there a particular reason why he couldn't have asked the other free servers to take over? It can go back and forth forever.
ErogenousEnigma
I assume because he saw her on her phone.
LLQPM
But she states there were other servers on their phones too.
ErogenousEnigma
She did not specify that there was anyone else looking at their phones when this event occurred.
Dark0001
For the same reason that it's not harmful to lift heavy things while pregnant except under certain conditions (her size alone not being one)
shannigans
My thoughts exactly. Wasn't quite sure if i was missing something.
Dark0001
Because this sounds like someone decided something on their own and expected their job to just go with it. If it's a medical issue get anote
ImNotCreativeEnoughForAGoodUsername
http://americanpregnancy.org/is-it-safe/lifting-pregnancy/ "...the general rule of thumb is let someone else do it for you."
Dark0001
http://www.acog.org/Resources-And-Publications/Committee-Opinions/Committee-on-Obstetric-Practice/Physical-Activity-and-Exercise-During-Preg
Dark0001
Full link won't fit, but actual doctors who look after pregnant people say it's fine in the majority of cases
ImNotCreativeEnoughForAGoodUsername
be safe than sorry. As I discussed with Judy, I don't think OP was perfect in what she did but I also take her side on this matter overall
Dark0001
Wouldn't the best way to be safer than sorry would be to go to the doctor and find out what is ok rather than relying on the Internet/gut ?
ImNotCreativeEnoughForAGoodUsername
The source I used referenced the Mayo Clinic and others so it's still doctors. You also said "majority" of cases but in this case I'd rather
Dark0001
The article I linked cites a number of >90%. And what would she do if pregnant and had another baby already? Never pick it up?
AdmiralButtStuff
That's great but doesn't hold up at a job. If she couldn't lift she needed a docs note.
ImNotCreativeEnoughForAGoodUsername
I will agree that she should have had the doctor's note, but according to her this had never been a problem plus firing her on the same 1/2
ImNotCreativeEnoughForAGoodUsername
day you told her to do something? That is not ok. As for her outburst, that's a bit more of a gray area: He's a douche but she shouldn't 2/3
ImNotCreativeEnoughForAGoodUsername
have done that. Overall, I think she could have handled this better yes, but I also think the manager is a cunt. 3/3
AdmiralButtStuff
I'll give you that, but nothing illegal was done here. She was fired for slacking and mouthing off, not being pregnant.