Michael

If she was laid off, she would collect unemployment benefits but if she is fired for cause, it may be more difficult to collect unemployment benefits.

When someone applies for unemployment benefits, the employer is sent a form to get the reasons. It is up to the employer to indicate what reason was for the termination but if the employer indicates that the employee was laid off, it is likely that unemployment benefits will be paid and the companies unemployment insurance premiums will rise.

Many times small businesses will try to indicates that someone was fired for cause to keep their insurance premiums down but many large businesses (not sure about retail or the leisure business) may not indicate that a person was fired unless it is for gross misconduct.

Recently my son was let go by his company because of friction between him and the boss. When he applied for unemployment, there wasn't any problem since the previous employer indicated that he was laid off.

tonrob

Thanks. I believe that in CT an ex-employer can choose whether or not to attend a hearing to contest an unemployment claim. Sometimes they choose to and sometimes they don't. As she's just been transferred to the new employer she doesn't know their track record of fighting claims.

fatbrit

As Michael explained, you might very well be fighting a court case to get the benefits if the employer ticks the wrong box. The cases are usually more akin to arbitration-type proceedings rather than a full-blown case and may even be held as a phone conference.

Michael

There is an appeal process. Appeals are very common against small businesses.

Sally Redux

Just want to add to the sprout-tastic congrats, sory no idea about the employment side. Maybe try to hang on for a bit, they may lay her off anyway if they're cost-cutting?

Rete

One cannot be fired for pregnancy. That is grounds for a lawsuit. If employment is terminated while they didn't know she was pregnant then that is a horse of a different color.

As a non-hourly worker, she has fewer "rights" than hourly workers. I know that when I was in management, I was not compensated for working o/t under the work was completed. One of the main reasons why I left management and went back to paralegal/legal assistant work. Could double my salary in OT annually.

Only the state unemployment agency (assuming here since employment is in Connecticut her benefits will come from there. It did when my daughter worked in CT and lived in NY) can tell her if being terminated because of refusal to work over 70 hours without compensation is grounds to collect unemployment.

wordfool

That would be illegal under federal law, but it might be tricky to prove the pregnancy was a factor in the firing. However, she should perhaps tell them she's pregnant asap because they will then have to walk on eggshells to avoid falling foul of discrimination laws.

My advice would be to spend a little for a consultation with an emplyment lawyer. I'm always amazed by how careless employers can be when trying to trample the few rights employees have.

Kaffy Mintcake

That is illegal in this country.

tonrob

Huge thanks to all for your input so far...

scrubbedexpat097

A little Sprout is budding.......ahhhhhhh

lisa67

I want to add my congrats too

(sorry can't help with the employment thing... for Mrs.TR)

anotherlimey

My wife's old employer tried to change her hours. They issued an ultimatum (in a meeting with directors) - take new hours or leave and sign something to say she left voluntarily ( ...to get out of paying unemployment.).

To cut a long story short my wife isn't working, she does qualify for unemployment benefit and she's using the time looking for a new job.

snowbunny

All depends on CT law if you want to get unemployment at some point.

To win a case of wrongful dismissal due to her being pregnant, you'd either have to show a strong pattern of discrimination against pregnant women, and I mean REALLY strong, or have them on tape saying "we fired her because she was pregnant."

What I would do is this:
begin to look around for other positions
sound out her colleague(s) about how they feel, and make sure her personal and professional recommendations are firm
and jump when she has the chance.

Does she plan to return to work once the baby's born? If so, at what point?

dunroving

Congrats on the sproutlet ... no expertise in employment situation, I'm afraid..

If it's any consolation, similar things are happening over here, despite supposed labour laws. Due to redundancy and early retirement, with no replacement but no reduction in workload, we're all working twice as hard (I work most evenings and weekends) but being salaried, no overtime of course. In my contract, the list of work responsibilities ends with "... and any other duties assigned to you by the Head of Department" We're all now realising this includes doing the job someone else used to do, on top of your own.

tonrob

Looked back though her paperwork (or lack thereof).

There was no contract provided and the initial offer letter had no mention of hours at all. Maybe the best we can argue is that through common practice the working week was 5 days. That was certainly the explanation given verbally at the time of hire (albeit hire by the original management company who no longer pays her salary since January 1st).