Let go from job while pregnant

[Wish1pa]

So basically I've been let go, I am 38 weeks pregnant and my boss has been known to get upset when women get pregnant and go on maternity leave. Ever since I spoke to him about my leave, about 3 months ago, he's treated me differently. Up until then all I heard from him was praise and compliments on my performance, I was seeing the most patients out of any provider (in the only pa, there's a couple docs and NPs) and overall good feedback. Over the past 4 weeks I made a couple minor mistakes, I don't want to go into details but things any provider may do and nothing to get fired over. No one was harmed or hurt and I wasn't even spoken to about my these things until 10 days ago. I'll tell you one of the things that happened: I'll tell you what "reason" was for his termination so you get an idea. I saw an infant in the office who had a fever at home but in the office her temp was 98.4. No Tylenol given. No other sxs except she took a longer nap than usual. I told the mom go to the ER if fever returns. Because I did not send her DIRECTLY to the ER, I commuted negligence per my boss. He called his attorneys who advised him to terminate me immediately.

 

I have been in this job for 14 months and the first 12 months were great. I knew he was a little unhinged but I did my thing and saw my patients and the patients and he loved me.

 

2 weeks before My due date my boss tells me that he wants to terminate me but since he's such a nice guy he's not going to do that. He gave me two options: either I resign immediately, or I go on maternity leave now, and when I come back in 6 weeks I can take a refresher course at my own expense and then shadow the doctors for up to 3 months during which I will NOT GET PAID. Of course who would take this second option? He is trying to get rid of me without saying he's firing a pregnant woman. Anyway, he said to leave and start maternity leave early and let him know what I decide. So I am looking for other jobs now which is complicated and stressful of course because I am due to give birth in a week and a half but I need an income. Question is, what do I tell prospective employers about what happened? Do I tell them I was fired, and if so do I go into detail? As of now I have not been "fired". I do believe I was let go ultimately because I am pregnant but I cannot tell people that I don't think. I am a good pa and I work extremely hard.

 

Thanks for any advice you may have on this.

[Wish1pa]

Oh and the fever the baby had at home was 101.4

And the mother was a nurse

[Reality Check 2]

ATTORNEY

 

You need an attorney and to go over your employment contract and to know if your state is a right to work state.

 

Obviously - you would not return to this job but discrimination and bad employment behavior are not acceptable.

 

Nothing else to do at this point but talk to an attorney about legal issues and options.

 

Not going to fix this doc but could protect others from him and protect yourself.

[cg02186]

Wow, sorry you're going through this in what is supposed to be such a happy time in your life.  I think your best bet would be to seek out an attorney.  There is no way you should get fired for this situation and what you said is most likely correct that the doc just doesn't want to fire a pregnant worker.  Obviously, I would not work for him any longer but definitely seek out an attorney.  Just consider it a blessing in disguise and enjoy maternity leave and start a new chapter in your life with a new baby and new job. 

[LKPAC]

Your doc sends every little kid with a fever to the ER?  Sounds bogus.  He made up an excuse to fire you.  Contact your state equal employment opportunity office.  They will investigate.

[Boatswain2PA]

ATTORNEY

 

You need an attorney and to go over your employment contract and to know if your state is a right to work state.

 

Obviously - you would not return to this job but discrimination and bad employment behavior are not acceptable.

 

Nothing else to do at this point but talk to an attorney about legal issues and options.

 

Not going to fix this doc but could protect others from him and protect yourself.

If you want to FIGHT, then do what RC2 says.

 

In my experience, the only people who win in court are the lawyers.

 

You worked for an a$$clown.  Now you don't.  Go on maternity leave, love your new baby, and find a new job.  

 

80% chance you will find a BETTER job, with BETTER hours, and BETTER pay.

 

 

[Wish1pa]

Thanks everyone, I appreciate it. And yea we've already contacted an attorney. Any suggestions on what to tell employers though about why I left this job?

[Wish1pa]

Also, one thing I left out was in the chart I documented that I told the mom to call or rto if fever returns. I did not write Specifizally to go to the ER. So he said that also because of my documentation error that it is negligence. The worst case of negligence he's EVER seen to be exact.

[Reality Check 2]

Also, one thing I left out was in the chart I documented that I told the mom to call or rto if fever returns. I did not write Specifizally to go to the ER. So he said that also because of my documentation error that it is negligence. The worst case of negligence he's EVER seen to be exact.

If this is the WORST then your doc is a wimp and hasn't been around long.

 

This was just a flimsy excuse to dismiss you and he had to make it sound bad as though no one would notice the pregnancy.

 

NOTHING happened to this baby and I am guessing that Mom didn't file a state complaint about care or file suit for malpractice.

 

So, this is just him digging for straws to find something - anything - to pin you with for termination. 

 

As far as employers - it is a cop out - but use the pregnancy. Say you chose to stay home after delivery and will need something else to fit your new family's needs better with baby. It isn't fair to NOT mention that you accidentally worked for a psycho jerk but we have to take the high road. This way, you don't diss the doc, stay above board and play nice - the best revenge is living well.....................

 

If an employer contacts this jerk - I think legally they are only allowed to say that they wouldn't rehire you. If asked why - then maybe you get creative with differences in practice style or that they were mad you were pregnant. Maybe this doc already HAS a reputation and you might not have to explain much.

 

Stand tall, do right by the patient, take the higher road and know that Karma is a beeeotch and will bite him at some point.

[rev ronin]

Any suggestions on what to tell employers though about why I left this job?

"I was terminated by a male supervisor when I was 38 weeks pregnant." should be sufficient.

[Wish1pa]

If you want to FIGHT, then do what RC2 says.

 

In my experience, the only people who win in court are the lawyers.

 

You worked for an a$$clown.  Now you don't.  Go on maternity leave, love your new baby, and find a new job.  

 

80% chance you will find a BETTER job, with BETTER hours, and BETTER pay.

 

 

 

so you dont think I should fight it?

[LKPAC]

Your doc sends every little kid with a fever to the ER?  Sounds bogus.  He made up an excuse to fire you.  Contact your state equal employment opportunity office.  They will investigate.

 

I like this guy's advice. Your EEOC works for you at no cost, unlike any lawyer.

[BruceBanner]

"I was terminated by a male supervisor when I was 38 weeks pregnant." should be sufficient.

 

Please. Victimhood anyone?

 

 

 

OP, I agree it definitely sounds like he let you go because of your pregnancy situation, unless there is something more egregious you left out. He tired to cover his tracks citing clinical errors. The "mistake" regarding the baby with a fever was not a mistake. This was not negligence, the child was well-appearing and afebrile. You gave them proper precautions.

 

I would not pull the victim card, even though you were probably terminated wrongfully. If you choose to pursue this with an attorney, what exactly do you hope to gain? Your job back? You'll just lose money in all likelihood. I agree that your EEOC office may be a better route, but the job is over. For the best, no doubt.

 

Take your maternity time and apply for new jobs in the meantime. If they ask why you left, you can tell them the truth---you were an honest hardworking provider who was let go on dubious grounds---or you could just say you resigned because it wasnt a good fit and the timing was right. 

[rev ronin]

Fight not for yourself, but for the next woman whom he will victimize if you don't stand up for yourself.

[CAdamsPAC]

Thanks everyone, I appreciate it. And yea we've already contacted an attorney. Any suggestions on what to tell employers though about why I left this job?

I strongly suggest that you contact your state's Office of Human Rights or similar organization. I say this because they will investigate and can sanction your former boss, plus their investigation costs you nothing but time and their findings can be used in court . Attorneys often bill by the hour , so a nicely packaged investigation placed into their hands saves you money and provides a serious leverage for use in court.

[Boatswain2PA]

so you dont think I should fight it?

It's up to you.  

 

What will you benefit from fighting it?  I doubt you WANT to work there anymore.  Maybe the EEOC or other overpaid government bureaucrats will sanction him....but I doubt it.  You could, potentially, sue him in civil court and you MIGHT win an award, but again....I doubt it.  (that's not a statement against you, just a lack of belief in our legal system).  Even if you DID win a civil suit against him, the lawyers would take the vast majority of the money.

 

So, what do you gain from fighting it?  Legitimate question....

 

Life isn't fair.  But then again, you are highly trained, can get a high paying job, and you are having a baby.  Any idea how many people would LOVE to be in your shoes?

 

Regarding what to tell future employers:  If you take the "deal" offered by current a$$hat, then you just tell them you "took some time off" when you had your baby...or for "personal reasons."

 

 

On the flip side... You have nothing but my respect if you DO want to go Don Quixote and fight this.  

[FMPA]

I didn't think sending afebrile, stable, well-appearing infants to the ED was standard of care. Maybe contact your state medical board too and see if they have any issues with this doc claiming "negligence" for said reasons. I think they have review boards for such things...

[south]

You could take the maternity leave and really max it out with lots of complications.  Stretch it out as long as possible.  Get a sympathetic OB type to help you fill out the FMLA and other paperwork.  Meanwhile, look for another job.  

 

Or you could play hardball.  Get with the EEOC and see their lawyer.  Get a few business cards when you do.  Then meet with this clown and say that you've been advised they are investigating, as a pattern has developed with pregnant providers.  Advise him to retain an attorney and that the medical board will be notified.  (If he wants to bow up and say he already has one, ask who it is so you may contact them and start the process.  This will shut most of them up).  Somewhere in there, you can say that they are waiting for some paperwork or a green light.  Drop the business cards and say we are putting our paperwork together and will be in touch.

 

The EEOC is probably chock full of junior lawyers who want to clobber somebody and move on to private practice with a solid notch in their belt.  They might really rake this guy over the coals.  

 

As far as another employer goes, you could just say you left because the EEOC is investigating him for a pattern of discrimination, including yourself, things were looking bad, and you thought it best to move on.  People are lazy; they aren't going to press you for details.  

[ventana]

ATTORNEY

 

You need an attorney and to go over your employment contract and to know if your state is a right to work state.

 

Obviously - you would not return to this job but discrimination and bad employment behavior are not acceptable.

 

Nothing else to do at this point but talk to an attorney about legal issues and options.

 

Not going to fix this doc but could protect others from him and protect yourself.

 

 

yup  time to lawyer up and nail this person to the wall......

[stellahead]

Lawyer up. And if you want to really roast him, when litigation begins and papers filed in court, tip off regional newspaper. Health or business reporter. They'd love it. 

[Guest ral]

"I was terminated by a male supervisor when I was 38 weeks pregnant." should be sufficient.

 

 

 

Please. Victimhood anyone?.....

 I would not pull the victim card, even though you were probably terminated wrongfully......

....If they ask why you left, you can tell them the truth---you were an honest hardworking provider who was let go on dubious grounds--

 

My apologies, Bruce, but, I am kind of confused about your response to Rev. How does your reply significantly differ from his?

[south]

Lawyer up. And if you want to really roast him, when litigation begins and papers filed in court, tip off regional newspaper. Health or business reporter. They'd love it. 

I like it.

 

By the way, you've pretty much nothing to lose (other than an initial consult fee if using a private lawyer).  They will be the first to tell you whether you are about to attempt to waste everyone's time.  

 

Sorry it's happening, especially the timing.  I can't wait for the Karma Bus to run this clown down.

 

I can't remember if someone said it already, but there's a middle ground here.  Quit before you are terminated, at least on paper, and take some time off, then re-evaluate and adapt everything to your new situation.

[CAdamsPAC]

It's up to you.  

 

What will you benefit from fighting it?  I doubt you WANT to work there anymore.  Maybe the EEOC or other overpaid government bureaucrats will sanction him....but I doubt it.  You could, potentially, sue him in civil court and you MIGHT win an award, but again....I doubt it.  (that's not a statement against you, just a lack of belief in our legal system).  Even if you DID win a civil suit against him, the lawyers would take the vast majority of the money.

 

So, what do you gain from fighting it?  Legitimate question....

 

Life isn't fair.  But then again, you are highly trained, can get a high paying job, and you are having a baby.  Any idea how many people would LOVE to be in your shoes?

 

Regarding what to tell future employers:  If you take the "deal" offered by current a$$hat, then you just tell them you "took some time off" when you had your baby...or for "personal reasons."

 

 

On the flip side... You have nothing but my respect if you DO want to go Don Quixote and fight this.  

IMHO, to stand up for yourself in this situation is not Quixotic  but a matter of self worth and principle. The offending physician needs to be called out for his conduct. Yes attorneys will make money , but so what? We all make a living off of other people's problems in case you hadn't noticed. BTW with a verdict for the plaintiff , her costs become the defendant's burden. But again IMHO having spent $30K to deal with a former employer's crap in court and winning, there's the price and the the cost of having someone  put on notice not to screw over people. Just my $.02 worth.

[Wish1pa]

Lawyer up. And if you want to really roast him, when litigation begins and papers filed in court, tip off regional newspaper. Health or business reporter. They'd love it.

 

As far as alerting the media, I'm mainly worried about my reputation after this. Obviously this guy deserves it but one attorney I spoke to said that despite the circumstances, it's not exactly a good thing in the eye of future employers that I sued my former boss, right?

 

This whole thing is SO stressful and of course the easier option would be to resign quietly and move on, but then he wins..

[Katera]

Option 1.  Sit down with him and agree on a equitable resignation situation.  i.e. You agree to resign because you are "giving birth soon" and he 100% agrees to give you a positive reference going forward.  This sucks for you, but IF you are in a right to work state, chances are you are screwed.  The threshold is very low for terminating an employee and there is really no way for you to *prove* he is letting you go because of the pregnancy.  "Lawyer up and nail him to the wall" sounds great and feels good, but in reality it rarely works out that way.  He has already begun covering himself with the so called "error" he is citing for terminating you.  Smart really on his end.  Anyway, in this scenario you can both move on and a termination won't be on your record.  It will simply be, I had a baby...took time off and am now deciding to go back to work.  He will be motivated to give you a positive reference and avoid a messy lawsuit, even one he might win.  

FYI:  The last lawsuit I was involved in with a business partner was very straight forward and it cost me $22,000 is lawyer's fees and never went to trial.  We ended up settling.  Be prepared to write a big check with no guarantee of winning.

 

Option 2.  Go thermonuclear.  Lawyer, state board, workers commission....Gloria Allred...etc.  The only potential upside to this is a big payout for "discrimination".  It's possible, but not likely especially since he is building a case already for termination.  It would need to go to trial and there could go either way.  VERY expensive even if you could find a lawyer to take the case.  You might win back wages and a small settlement as well, but then god help you if you work in a smallish area.  Be prepared to move...and I mean states.  You will never work again for anyone that hears about the case.  Ugly, but we are here to speak the truth to you and not sugar coat it.  The medical community is MUCH smaller then we think.  Even in DFW I run into PA's, NP's and docs all the time from all other the state who know the same people I know.  And with corporations running the deal in many specialties, there are few places to hide even across state lines.

 

 

So before the blow back starts, I am not trying to be all doom and gloom.  However, many people who file these types of lawsuits and then loose will tell you that it was not worth it and they wish someone had told them the reality of our justice system before they paid for their lawyers next Mercedes.  That's all I am trying to do, inject a little sober reality.

 

 

 

 

 

The only question I have for you is....What happened to the baby?  This seems like an awful lot of effort on his part if there was a happy outcome.  Something tells me there is more to the story here.