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Birthday: February 14
Gender: Male
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Single
Location:
IRVING, Texas
United States
IRVING, Texas
United States
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golfinsailor says:
The case was quickly settled out of court. Later I was at the racket club (all of us were members of the local racket club, both attorneys as well as the owner of the business) with the lawyer who represented the employer. We were both in the local Jaycees and he said that bringing my daughter to the deposition was a stroke of genius, that he advised his client to settle quickly since a verdict in a trial would likely put him out of business by awarding punitive damages. He said those actions had cost the company more than a million dollars with the largest part being a fine by the Department of Labor for more than a 500K. He had to pay all the medical expenses (this was pre COBRA) associated with the pregnancy, back pay with interest, 'pain and suffering' damages as well as all attorney and court costs.
The lawyer told me that he had been advising that business owner that he can't run his business like a plantation and that what he was doing was wrong. The manager was fired soon afterward and his reputation in that town (Sandusky OH) was so bad, he couldn't find anyone there who would hire him. He wound up moving out of state.
In 1999, that company became a client of mine with a new owner. In 2004, that attorney who represented the business was elected a common pleas court judge as a democrat. The lawyer who represented the fired woman represented me a year later when my wife and I divorced.
Businesses that act like the one you describe won't last long. Look for them to go out of business
Posted: January 17, 2009 3:16PM EST
golfinsailor says:
Here is my personal story about lying and unemployment. This happened almost thirty years ago but it shows how what goes around comes around. My ex-wife worked part time as a bookkeeper for a local company that had their office a block from where we lived. She was six months pregnant with our second daughter when she was called into the office and let go. She filed for unemployment benefits and her case was approved.
Then the company filed an appeal. The manager said that she was offered full time work and refused which was a bald faced lie. The hearing was held and my ex wife showed up 8.5 months pregnant and told the hearing examiner that was a bald faced lie. But the unemployment people believed the manager anyways and denied her claim.
I had a relative who was an attorney and he referred us to a trial lawyer who said her case was a slam dunk for pregnancy discrimination and offered to sue the employer without asking for any retainer. My ex refused because it didn't involve that much money and with a new baby simply didn't want the hassles.
A year later that company pulled the same stunt with another pregnant woman, only this gal was a full time employee and her husband worked in construction so they needed her health insurance. Of course she lost the health insurance with her job and the manager lied about unemployment again saying she was let go because of poor performance.
This gal sued charging pregnancy discrimination and called my wife in for a deposition. When she came, I accompanied her and took our daughter who was now a 18 months old. The presence of our daughter rattled the employer and their lawyer, but we just sat on the side quiet, not saying anything while my wife related what had happened almost two years earlier.
Posted: January 17, 2009 3:07PM EST
golfinsailor says:
I don't know all the specifics about your situation, but you can make life miserable for that company that shafted you. Is it a large national corporation? Are others in the same boat as you? Very often companies that have such sleazy managers and operate like you describe have shafted others and get away with it simply because people do not speak up for their rights.
You can file a formal complaint with your OEO office since you are over age 40 and file on age discrimination. You may also want to talk to an employment attorney who handles cases like wrongful discharge cases. You may also want to send a letter to the head honcho at the corporate office explaining your situation. You may also want to contact a local investigative reporter about this company.
Finally if there is some kind of a Job Center that assists laid off people find other employment, you may want to seek that out. I don't know if those offices exist in Texas, but they are all over here in Ohio. They provide access to job leads, assist in preparing resumes and interview preparation. They also offer a support group that can provide emotional support as well as exchanging contacts and job leads.
I have a personal story similar to yours and I will post it in another comment
Posted: January 17, 2009 2:55PM EST
