Seeking legal re: employment

Forum for parents of injured who are seeking information from other parents or people living with the injury. All welcome
dunloe
Posts: 56
Joined: Fri Apr 23, 2004 1:19 pm

Seeking legal re: employment

Post by dunloe »

Since my child's birth, I have been employed in occupations different from my pre-birth career track. Now I am applying for those career track jobs, and my applications are being rejected due to the lack of continuity or recent "relevant" employment. Are there any laws that protect parents, prehaps single-parents in my case, that elect to care for their children, yet wish with good recovery of one's child to return to that occupation more consistent with one's education and training?

And here I invite your stories of any difficulties you have had in returning to work after that long and devoted process of caring for your child. I actually really need to hear your stories.

dunloe
mlynn
Posts: 298
Joined: Mon Jan 30, 2006 11:00 pm

Re: Seeking legal re: employment

Post by mlynn »

I HAVE HAD A VERY DIFFICULT TIME AND HAVE NOT WORKED SINCE THE BIRTH. I HAVE AN AA DEGREE AND ALL THE THERAPY HAS CAUSED ME TO WAIT. AT THIS POINT I AM NOT ABLE TO NOT WORK !!!!!!!!!!! I AM GOING TO APPLY FOR AID FROM THE GOV. I AM STILL BITTER WHEN THIS SUBJECT COMES UP. WHAT I WOULD SUGGEST IS NOT TELLING ANYONE U ARE APPLYING FOR THAT UR CHILD HAS SPECIAL NEEDS I WOULD JUST SAY U TOOK TIME OFF TO BE A STAY AT HOME MOM. IT REALLY IS NONE OF THEIR BUSINESS. IF U NEED SPECIAL DAYS OFF OR HOURS I WOULD EXPLAIN IN THE SECOND INTERVIEW OR I HAVE NOTICED THAT U MAY HAVE TO WORK IN A JOB THAT ALLOWS U TO DO THAT GOOD LUCK I FEEL UR PAIN ANY TIME U WANT TO VENT EMAIL ME MSHATRAW@AOL.COM
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brandonsmom
Posts: 1401
Joined: Mon Nov 22, 2004 4:43 pm

Re: Seeking legal re: employment

Post by brandonsmom »

WE had an opposite thing here in my situation. When Brandon was 3 my husband worked third shift and Iworked first, he lost his job(LAY OFF) and I sked him to collect unemployment for a while as it was my busy time at work. He did, but when hewent back to work it was difficult at best with a lapse that large in his resume. So on his resume I put" stayed at home with special needs child"

#1......If the employer didn't understand I idn't want my husband to work for them.

#2......It made for interesting conversation in the interview and my husband got a real feel what they employer was ike.

My husband is now working in is dream job....the employer was impressed with my husband staying home with BRANDON and letting me get the much needed rest from all the appointments that I had done for years without him. And the employer even pays 100% of our Health insurance.

The final thing this does is open up for the conversation that we are a dual-parent situation, even though he makes so much more money than me, there are times that I cannot get off of work so he has to take the time of to run a chid to the doctor. If employers don't like that tough, my husband won't will for them and neither will I

GayleMom of BRANDON 8 1/2 ROPBI
BIGJAVSMA
Posts: 396
Joined: Tue Nov 22, 2005 3:05 am

Re: Seeking legal re: employment

Post by BIGJAVSMA »

I had on my cover letter that I was a stay at home mom with a child injured during his delivery. I was also upfront about his appts. @ Shriners and weekly OT. I would NOT work for someone who is going to give you grief whenever you need time off.

Marlyn mom to JAvier 3. robpi
dunloe
Posts: 56
Joined: Fri Apr 23, 2004 1:19 pm

Re: Seeking legal re: employment

Post by dunloe »

You guys brought me luck. After four months of waiting, tonight I got a call. First I thought that it was a collector, and I was really defensive, then I understood that it was that prospective employer, and I asked "Would you please hold, Sir, I need to get a crayon!!!" He laughed. We then had a productive conversation. I'll let you know what happens.

Cross your fingers!

dunloe
ZaidraZavian
Posts: 44
Joined: Thu Sep 02, 2004 4:15 pm

Re: Seeking legal re: employment

Post by ZaidraZavian »

Good Luck!!!
dunloe
Posts: 56
Joined: Fri Apr 23, 2004 1:19 pm

Re: Seeking legal re: employment

Post by dunloe »

I didn't get the job. During my interview I was treated curtly, disrespectfully. I don't want to go into too much of that detail. What I would like to share is that yesterday on a whim I contacted the Equal Employment Opportunity Commission (www.eeoc.gov) and called their 1-800 number. I described my situation. I learned a lot!

The most important thing that I learned is that it is ILLEGAL for a prospective or current employer to "TREAT YOU DIFFERENTLY" if you are the caregiver to a disabled child.

...(Some of you may argue that your child is not 'disabled', per se. In my case I firmly believe that she is. Not because I wish to perceive her that way, it is just that I have known with time, surgical correction and rehabiliation that she has acquired degrees of functionality. Nevertheless, according to the Social Security Admin, a child in BPI surgical post-op is considered disabled.)...

How many times since I gave birth to my daughter was I treated completely differently because they knew or learned that I was caring for my child!

The second thing that I learned is the Pregnancy Discriminiation Amendment to Title VII of the Civil Rights Act of 1964. It reads:

"The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions [both the mother's and the child's] 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 related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations."

I truly hope that this information is helpful to this UBPN Community.

dunloe
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brandonsmom
Posts: 1401
Joined: Mon Nov 22, 2004 4:43 pm

Re: Seeking legal re: employment

Post by brandonsmom »

No disrespect here, but if I have to use these"RIGHTS" in order to get a job then I don't want to work for that employer anyway. IF a lawyer doesn't understand that I have a "DIABLED" child they are too shallow for me to work for. Sorry, no amount of money in this world will take me away from my 4 children, diabled or not. If an employer doesn't like the fact that my children come first, then I am glad that they wouldn't give me the job !!Gayle
katep
Posts: 1240
Joined: Mon Mar 29, 2004 3:20 pm

Re: Seeking legal re: employment

Post by katep »

In order to prosecute under any of those "rights" you have to be able to essentially prove that there was absolutely no other reason for them to not consider you. If you were defensive, confrontational, brisk... ANYTHING they would just claim that instead. You had to have been the absolute perfect candidate with an absolutely perfect resume and record otherwise there's no way you can prove your case. The company which fired me 9 days after announcing I would be taking maternity leave actually fired another pregnant woman a couple years after me. She went to the president to give notice personaly that she was going to take maternity leave, to which he replied "well, then you are fired". You'd think she'd have a case, right? Well, without witnesses (who are willing to testify), an almost clear-cut admission of guilt, and a PERFECT record otherwise, it is next to impossible to prove discrimination.

Kate
Carolyn J
Posts: 3424
Joined: Tue Apr 06, 2004 1:22 pm
Injury Description, Date, extent, surgical intervention etc: LOBPI. I am 77 yrs old and never had a name for my injuries until 2004 when I found UBPN at age 66.

My injuries are: LOBPI on upper body and Cerebrael Palsy on the lower left extremities. The only intervention I've had is a tendon transplant from my left leg to my left foot to enable flexing t age 24 in 1962. Before that, my foot would freeze without notice on the side when wearing heels AND I always did wear them at work "to fit in" I also stuttered until around age 18-19...just outgrew it...no therapy for it. Also suffered from very very low self esteem; severe Depression and Anxiety attacks started at menopause. I stuffed emotions and over-compensated in every thing I did to "fit in" and be "invisible". My injuries were Never addressed or talked about until age 66. I am a late bloomer!!!!!

I welcome any and all questions about "My Journey".
There is NO SUCH THING AS A DUMB QUESTION.
Sharing helps to Heal. HUGS do too.
Location: Tacoma WA
Contact:

Re: Seeking legal re: employment

Post by Carolyn J »

reading this post today, only blinks in flashing neon the thought:
"Pancakes have 2 sides and everything else does too"..Dr Phil

if I sound hostile, please excuse that. everyone at the hospital since wednesday(short version)chastised me for being cranky..duh i was sick!(:
hurts to type now.

HUgs , really
Carolyn J
LOBPI/69
Carolyn J
Adult LOBPI
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