NT Lawyers......Does my wife have a case???

[supermanblue79]

Originally Posted by pacmagic2002

Originally Posted by Supermanblue79

Originally Posted by pacmagic2002

MyFirst off, we live in Missouri, which is an "At Will" state.......Which means they can fire you for any reason they want at any time.

She has no case because of the termination, but she may have a case based on defamation of character.
See if you can get a lawyer to speak with you about this.

With a new baby on the way,  I would have her go back to work for the paid maternity leave and the income that you two will need.

She didnt want the position back because of what happened.........Pretty much embarrassed by being let go.  She had never lost a job and was kind of depressed about it.
She didnt care about the money because we already had money from out tax returns for all of out bills.........But is now upset that they didnt even offer any type of compensation besides her job back after all she was put through.
We are still waiting to hear from the EEOC about what can be done, but it takes so long.  Just wondering if there was a point in getting a lawyer for all of this, or just deal with EEOC.

I understand that she is upset, but tax returns are going to run out at some point and you will really miss that income.  Has she asked for the
compensation from her previous employer, or is she just waiting for them to offer?  If not, then she needs to ask for it, and then  make a decision from based on what they offer.

 

[Sir San Diego]

I'm not lawyer, but was there a pattern of discrimination or any recorded examples of them mistreating her because she was a pregnant woman PRIOR to this event?

Also, I would think that a jury would find it hard to rule in your favor when the mistake was admitted AND they offered her the job back. Did she ask to be compensated for that lost time at least what was not covered by unemployment?

I would still talk to a lawyer, but your case doesn't sound very strong and it sounds like y'all were hoping for a grand slam settlement. No disrespect, just saying...

 

[Sir San Diego]

I'm not lawyer, but was there a pattern of discrimination or any recorded examples of them mistreating her because she was a pregnant woman PRIOR to this event?

Also, I would think that a jury would find it hard to rule in your favor when the mistake was admitted AND they offered her the job back. Did she ask to be compensated for that lost time at least what was not covered by unemployment?

I would still talk to a lawyer, but your case doesn't sound very strong and it sounds like y'all were hoping for a grand slam settlement. No disrespect, just saying...

 

[seniosoul]

 

[seniosoul]

 

[joe billionaire]

theres no case...

she got fired she got offered her job back she declined...she probably could have asked for a raise and they would have gave it to her

 

[joe billionaire]

theres no case...

she got fired she got offered her job back she declined...she probably could have asked for a raise and they would have gave it to her

 

[GTA 809]

be careful brah. She turned down employment which is a big NO-NO if you are collecting unemployment insurance.

 

[GTA 809]

be careful brah. She turned down employment which is a big NO-NO if you are collecting unemployment insurance.

 

[pacmagic2002]

Originally Posted by blackngold1z

be careful brah. She turned down employment which is a big NO-NO if you are collecting unemployment insurance.

They already know she declined the job and stated that because she was fired initially, she can keep getting unemployment if she chose not to return to the position.  They initially wouldnt give her unemployment because she was fired, until she told them what happend, then they approved the unemployment.
While they did offer her the job back, it was 2-3 MONTHS after she was fired when they offered her the job back......Literally 1-2 weeks before she was to go on maternity leave anyway, and they werent going to pay her for the months she missed. (Iits debatable if it would have made us behind on our bills, but we werent because we had money just in case)

 

[pacmagic2002]

Originally Posted by blackngold1z

be careful brah. She turned down employment which is a big NO-NO if you are collecting unemployment insurance.

They already know she declined the job and stated that because she was fired initially, she can keep getting unemployment if she chose not to return to the position.  They initially wouldnt give her unemployment because she was fired, until she told them what happend, then they approved the unemployment.
While they did offer her the job back, it was 2-3 MONTHS after she was fired when they offered her the job back......Literally 1-2 weeks before she was to go on maternity leave anyway, and they werent going to pay her for the months she missed. (Iits debatable if it would have made us behind on our bills, but we werent because we had money just in case)

 

[dirtylicious]

so you want the 2-3 months of back-pay plus the maternity leave pay?
I still don't follow what $$ amount you're looking for

 

[dirtylicious]

so you want the 2-3 months of back-pay plus the maternity leave pay?
I still don't follow what $$ amount you're looking for

 

[frenchblue23]

What about retro active pay for those 2-3 months?? Does the law allow that?

 

[frenchblue23]

What about retro active pay for those 2-3 months?? Does the law allow that?

 

[pacmagic2002]

Originally Posted by Dirtylicious

so you want the 2-3 months of back-pay plus the maternity leave pay?
I still don't follow what $$ amount you're looking for

She just wanted the 2-3 months of back pay.......She doesnt mind the maternity leave pay because it was only $25 more per week than what she was getting on unemployment anyway, which she still gets. (they dont give them full salary, only about 45%)  
The only big difference is the amount she would have been paid up to that point for those 2-3 months that she shouldnt have lost.

 

[pacmagic2002]

Originally Posted by Dirtylicious

so you want the 2-3 months of back-pay plus the maternity leave pay?
I still don't follow what $$ amount you're looking for

She just wanted the 2-3 months of back pay.......She doesnt mind the maternity leave pay because it was only $25 more per week than what she was getting on unemployment anyway, which she still gets. (they dont give them full salary, only about 45%)  
The only big difference is the amount she would have been paid up to that point for those 2-3 months that she shouldnt have lost.

 

[scshift]

I doubt you have a case. The company can BS any kind of way they fired your wife, true or not. And no one can prove anything.

On top of that, they offered her the job back, and she declined. I don't see any other option but to move on.

 

[scshift]

I doubt you have a case. The company can BS any kind of way they fired your wife, true or not. And no one can prove anything.

On top of that, they offered her the job back, and she declined. I don't see any other option but to move on.

 

[pig love]

Nice attitude we have nowadays....


"I'm not taking that job back, let's just sue em!!"

 

[pig love]

Nice attitude we have nowadays....


"I'm not taking that job back, let's just sue em!!"

 

[pacmagic2002]

Originally Posted by Pig Love

Nice attitude we have nowadays....


"I'm not taking that job back, let's just sue em!!"

How is that the attitude she has?
She was fired in front of her employees by a company that eventually admitted they were wrong, offered her the job back with northing more than a "My bad"...........NO compensation whatsoever for THEIR mistake in letting her go in the first place, when they ADMITTED 1 WEEK after she was fired that she shouldnt have been fired.

I also failed to mention the District Manager that fired her, was the one that offered the job back and HE was fired the same week as the offer for misconduct.

I dont see whats so wrong for wanting something that should have been given in the first place.........Im sure in any STAND UP company fired you for stealing and found out a month later that they were in the wrong and someone else stole the money or a clerical error occurred, they would compensate you WITH PAY for any amount you would have rightfully worked for as compensation.

I can see if i slipped on some milk at the grocery store and sued and got 25K for it, but thats not the case. (which actually happened with someone i used to work with)

 

[pacmagic2002]

Originally Posted by Pig Love

Nice attitude we have nowadays....


"I'm not taking that job back, let's just sue em!!"

How is that the attitude she has?
She was fired in front of her employees by a company that eventually admitted they were wrong, offered her the job back with northing more than a "My bad"...........NO compensation whatsoever for THEIR mistake in letting her go in the first place, when they ADMITTED 1 WEEK after she was fired that she shouldnt have been fired.

I also failed to mention the District Manager that fired her, was the one that offered the job back and HE was fired the same week as the offer for misconduct.

I dont see whats so wrong for wanting something that should have been given in the first place.........Im sure in any STAND UP company fired you for stealing and found out a month later that they were in the wrong and someone else stole the money or a clerical error occurred, they would compensate you WITH PAY for any amount you would have rightfully worked for as compensation.

I can see if i slipped on some milk at the grocery store and sued and got 25K for it, but thats not the case. (which actually happened with someone i used to work with)

 

[pharelfor3]

it doesn't seem like she has much of a case. She better try and get a raise or soemthing out of it. back pay will be tough

 

[pharelfor3]

it doesn't seem like she has much of a case. She better try and get a raise or soemthing out of it. back pay will be tough