Urgent-employment case, pleas help, thank you!!!...From a helpless employee...

[cherry0303]

What is the name of your state (only U.S. law)? FL
Brief description:
a. 6/30, employer said, “ I feel you’re not willing to help me for the operation duties”
I asked for specific details. Employer answered few, and for those, employee did make things done or employer didn’t assign it to me. In the end, employer ask me to take leave for one month and think about if i want to help.
b. 7/31, i wrote email to employer, mention I’m pregnant for almost 2 months, and I'm willing to continue work and hope employer and i can find better way to coordination. i will be back to work on 8/1.
c. 7/31, employer replied email: decide to layoff the position, and : “This is two weeks layoff notice: I will calculate your payroll for 8/1-8/15, and you don’t need to come to work, I will notify you."
d. 8/5, employer email an “EMPLOYMENT TERMINATION AND RELEASE AGREEMENT”, and will let me know when i can go to get check, need to sign this.
e. 8/10, employer states, he informed me on 6/30 that “he was unhappy for the performance on 6/30 and ask employee not return to work. “
f. Questions:
- The last day shows on the agreement is 7/31, but per email on 7/31, i think it should be 8/15 for last day, and 8/1-8/15 is regular payroll?
- Can I refuse to sign the agreement? Any effect?
- How to reply such a twist fact email from employer on 8/10?
- Could such case be a lawsuit? Any suggestions?

 

[cbg]

How large is this employer (how many employees)?

How long have you worked for them?

 

[cherry0303]

What is the name of your state (only U.S. law)? FL
Brief description:
a. 6/30, employer said, “ I feel you’re not willing to help me for the operation duties”
I asked for specific details. Employer answered few, and for those, employee did make things done or employer didn’t assign it to me. In the end, employer ask me to take leave for one month and think about if i want to help.
b. 7/31, i wrote email to employer, mention I’m pregnant for almost 2 months, and I'm willing to continue work and hope employer and her can find better way to coordination. i will be back to work on 8/1.
c. 7/31, employer replied email: decide to layoff the position, and : “This is two weeks layoff notice: I will calculate your payroll for 8/1-8/15, and you don’t need to come to work, I will notify you."
d. 8/5, employer email an “EMPLOYMENT TERMINATION AND RELEASE AGREEMENT”, and will let me know when i can go to get check, need to sign this.
e. 8/10, employer states, he informed me on 6/30 that “he was unhappy for the performance on 6/30 and ask employee not return to work. “
f. Questions:
- The last day shows on the agreement is 7/31, but per email on 7/31, i think it should be 8/15 for last day, and 8/1-8/15 is regular payroll?
- Can I refuse to sign the agreement? Any effect?
- How to reply such a twist fact email from employer on 8/10?
- Could such case be a lawsuit? Any suggestions?

including me and my boss total 6 employees.
i've worked there for 8 months.

 

[cherry0303]

How large is this employer (how many employees)?

How long have you worked for them?

Including me and my boss total 6 employees.
I've worked there for 8 months.

 

[cbg]

That being the case, you can refuse to sign but it won't do you any good. Your last day is whatever the employer says it is. It's very doubtful that the emails hold any weight with regards to your last day. There is no lawsuit here.

 

[cherry0303]

That being the case, you can refuse to sign but it won't do you any good. Your last day is whatever the employer says it is. It's very doubtful that the emails hold any weight with regards to your last day. There is no lawsuit here.

Thank you for the feedback.
one concern that i have been thinking about:
i notified employer that i'm pregnant, and then i received his email notice for the termination.
i think it can be considered against pregnancy discrimination act.
- Force a pregnant employee to leave work if she is ready, willing, and able to perform job

if you're familiar about this act, your opinion is appreciated!!!
thank you!

 

[PayrollHRGuy]

https://www.eeoc.gov/facts/fs-preg.html

The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments. Title VII also applies to employment agencies and to labor organizations, as well as to the federal government. Women who are pregnant or affected by pregnancy-related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Florida does not have a state law that specifically requires employers to offer pregnancy leave or add any additional protection not provided by the Federal PDA.

 

[not2cleverRed]

https://www.eeoc.gov/facts/fs-preg.html


Florida does not have a state law that specifically requires employers to offer pregnancy leave or add any additional protection not provided by the Federal PDA.

OP wasn't asking for pregnancy leave.

OP is hypothesizing that she was discriminated against, based on being pregnant. (Perhaps whatever shortcomings OP had as an employee in June were medically based?) I suspect the employer was thinking, "This person is a bad fit. Pregnancy isn't going to improve that." I'm surprised she was given a month off to "think about it" - that sounds unusually generous.

 

[PayrollHRGuy]

i notified employer that i'm pregnant, and then i received his email notice for the termination.
i think it can be considered against pregnancy discrimination act.

No she specifically asked if her employer was violating the PDA. Which is what I answered.

 

[cbg]

Doesn't matter either way.

The employer is too small to be subject to either Federal or state discrimination laws.

 

[PayrollHRGuy]

Which is exactly what I highlighted in the quote from the EEOC.

 

[cherry0303]

Thank you for the feedback.
one concern that i have been thinking about:
i notified employer that i'm pregnant, and then i received his email notice for the termination.
i think it can be considered against pregnancy discrimination act.
- Force a pregnant employee to leave work if she is ready, willing, and able to perform job

if you're familiar about this act, your opinion is appreciated!!!
thank you!

Thank you all for the feedback. and yes, you are all correct! this employer is too small to subject to federal/state discrimination law.
so now, i'm still negotiating with employer and ask for some severance pay.

 

[commentator]

Welcome to Florida, land of the free, even before Rick Scott, free of ANY extra (not guaranteed by the federal government) employee rights to speak of. OP, if you have not already done so, get yourself on line, and file immediately for unemployment insurance. If you are out of work through no fault of your own, as in "take a month off and decide if you want to work for us....." you are entitled to unemployment insurance during that whole month. And once you are terminated, if you are not terminated for misconduct related to work, you are entitled to unemployment. Pregnancy is NOT considered a work prohibiting disability. As long as you are able to say each week when you do work search that you are able, available and actively seeking employment, and it has been determined that your employer having let you go for a non-misconduct reason, you need to be getting that big old $275 per week you are entitled to through even Florida law in unemployment insurance. They can fire you, but if they cannot prove that they had a valid work related misconduct reason to terminate you, you should be approved for unemployment insurance, which costs the company money, too bad, huh?

I don't know, doubt highly if their letting you go laying you off when you told them you are pregnant is something that might be dealt with by EEOC or FMLA or ADA, but I do know that it sounds like you should've filed for unemployment insurance a while back and need to be getting that lined up right now. The employer pays in unemployment taxes on all employees which cover their letting someone go when it's not the employee's fault, and by federal law, the state has to pay the employee so much a week based on that separation. It's not based on your income or your need, it's based on whether your employer has been a jerk and let you go without a good cause. FILE THAT CLAIM and get this started while you work out any other issues related to the job.