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Pregnancy Discrimination!?!?!


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  #1  
March 9th, 2010, 08:04 AM
GeekMom's Avatar Mega Super Mommy
Join Date: Feb 2010
Posts: 2,294
Alright, Here's the story.

I work as a manager/shift leader at a Papa Johns here in my town. If any of you don't know its a pizza joint.

My manager recently called me into her office along with the assistant manager and had a talk with me.
She said that she had noticed a decline in my work (given she was on vacation since 4 days after she found out I was pregnant) and she didn't know but, she thought it was cause I was "taking it easy at work". She continued to talk about me being pregnant and how she was pregnant, then out of nowhere she told me that she wanted me to step down (well more she told me I was being demoted) to a team member.

Now, my duties as a manager are doing everything that team member does (ie making pizza answering phones using a till) and also opening and closing the store. Really and honestly the manager part of the job is not strenuous. You stay later or come in early and count money pull out dough for the day and sometimes talk to angered customers.

Taking that into note. She told the that her reasoning for this was she wanted to lighten my load or make my job less stressful by making me just a team member....Why I stated the above paragraph is cause its not that **** hard....the difference between being a manager and a team member just makes you work maybe 3 more hours and you count money and do some paper work. Its really the easiest job out there. She went on to say that once I had the baby if i wanted I could come back and be a manager.

Alright, now she has not taken away my shirt (we have different colored shirts than everyone else) nor has she made my password not able to over ride or doing anything else managers do. But, she has severely cut my hours and my pay.

Another thing and this will go onto another point I will make in a moment. While you are training to become a manager you are paid 7.50 and hour once you finish training it is 8. Well, I have been opening and closing the store for about 2 1/2 months by myself....With no pay raise.

I got written up for leaving a trainee in charge of the store ( for and hour) and my hours were cut further. Now, If you base it on pay. I am still getting the pay of a person in training, dont you agree? and yet my manager has left me in charge many many times, and even before i was done with my training she left me in charge. I do understand I did something wrong but, she did the same thing.

Now, what I am wondering is why I am getting in trouble because I have been double over with morning sickness and my manager refused to give me hours not around the times I was sick (ususally later in the day) I am a little pissed of to be honest.

To top it all off. She is treating me like crap at work. I called her attention to some mildewed boxes and she told me to either buy them and throw them away or to use them. So we sent food out in mildewed boxes and she constant teases me about it. She also complains at me for things that I didn't do.

I know this is very long. I am wondering if I should call the labor board. Because I know that I have had to stop working for a few minutes every here and there to get some ginger ale or to eat a cracker, but in no way have I not busted my *** for this place and I am tired of the disrespect!

Thanks for listening any advice would be appreciated!
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  #2  
March 9th, 2010, 09:52 AM
katiegirl's Avatar Mega Super Mommy
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I am so sorry you are going throught this, I don't think its fair and quite frankly I don't think it legal. Is there someone in HR you could talk to confidentially?
My DH is a restaurant manager and that just sucks (sorry). You work HORRIBLE hours, like nights and weekends; are expected to put in at least 55 hr per week as salary and the pay is not worth it. I tell him weekly that I hate his job.
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  #3  
March 9th, 2010, 10:29 AM
Kary♥RN's Avatar Platinum Supermommy
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I was going to ask the same thing... Do you have a hotline for corporate you could call..... Number one... She is putting people at risk for sickness sending out food in mildew boxes... If you still have any boxes I would take pictures... and file a complaint... Second... I would call anyone who will listen.. She is treating you very unfaily.. and it is going past you just being pregnant.....

I am so sorry you have to to go through this.. HUGS!
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  #4  
March 9th, 2010, 10:33 AM
~*Kixs*~'s Avatar Platinum Supermommy
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That is just crap! I agree that you need to report your boss to HR or corporate or whoever is above her.

If you are not able to do your job that is one thing but shouldn't you have a history of write ups and discussions before you are demoted?!?!? Even just one wrtie up is not enough...unless you were on an action plan or something.

And about the moldy pizza boxes ...ewww! Turn her in for that too! That is a healthy violation!

Sorry you are having to deal with all of this (((HUGS)))
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  #5  
March 9th, 2010, 10:39 AM
L-SBB's Avatar Bébé Cowgirl
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Is the PJ's a franchise or is it owned by corporate? If corporate, I agree with Katie...you should raise the concern with the company's HR group. I'm not sure how you'd file complaint if it's just a franchise owner...maybe the labor board would be the proper route.

The comment that really concerned me was your manager indicating that they'd make you a manager again after the baby was born. That implies to me that you're being demoted because your pregnant, and that is most definitely illegal.

I think it's important to get your manager to clearly state their concerns with your performance. Saying that you seem to be "taking it easy" is not specific enough to reprimand you (or demote you)...ask for specific examples of what their concerns are or where they believe your performance is lacking (and be open to the criticism, especially if there are areas you could improve) and ask that you be given an opportunity to address and correct the concerns before a decision is made to remove you from your current role.

That's a very reasonable ask on your part, and trial/corrective action periods are VERY common where performance concerns are raised with employees....if they refuse or can't clearly articulate their concerns about your performance then I'd encourage you to pursue HR/labor board path to ensure your rights are protected while you're pregnant.

Here's a link to EEOC site with some additional info on pregnancy discrimination and filing EEOC complaint: Filing a Charge

Good luck and KUP on what you decide to do...
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  #6  
March 9th, 2010, 10:44 AM
*MomofO&Nat*'s Avatar Kelly, Massachusetts Mama
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I agree with Lara, the part about being promoted back to manager once the baby comes sounds pretty illegal to me. And the moldy boxes is awful! She needs to be reported and NOW!
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  #7  
March 9th, 2010, 11:29 AM
Brittanie's Avatar just me
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Another concern for me, other that what the other ladies have specified, is that if she reduces your pay you should NOT still have the same responsibilities. You should be properly compensated for the work you do. I don't care HOW many hours you work, if you still have the manager shirt and have to do the other manager things (especially interacting with unhappy customers), then you should be paid the amount they pay managers.


And the mildewed boxes...yeah...gross. The store could be sued for that, that's NOT something that should be happening. Her automatic reaction should have been to throw them away, and not to make you pay for them first.


And did you say that SHE is pregnant?? THAT makes it even more ridiculous.
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  #8  
March 9th, 2010, 11:41 AM
..Penelope..'s Avatar Platinum Supermommy
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I agree with the pp's. I'm so sorry that you are having to deal with this! Please KUP.

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  #9  
March 9th, 2010, 02:14 PM
PixieQueen's Avatar Hi-Tech Hippie
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I totally agree with the above, and it sounds like a jealousy issue. Which is bizarre if she is pregnant, too. She probably hates that you're "stealing her spotlight".
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  #10  
March 9th, 2010, 02:21 PM
kellyanne's Avatar Mega Super Mommy
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All I have to say is document, document, document! Take pics of the mildew...write down every detail of your conversations with her and the dates it happened. If you report the situation or file some type of complaint, keep track of every detail. Also, make sure that the boss KNOWS that you do not want to be demoted, work less hours, or "take it easy." Her only defense of her actions may be to imply that she thought you wanted this. To me, this sounds like very blatant discrimination.
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  #11  
March 9th, 2010, 04:50 PM
GeekMom's Avatar Mega Super Mommy
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Alright! Wow! Thanks guys! No, shes not pregnant but she is a mother. She has started making me clock in as a insider. I never got my pay raise and now i get a quater less. There were 150 boxes in the plastic that all smelled like mildew, there are also 3-4 Insiders that saw it too.

Im honestly tired of this crap. I told her I didn't want to be demoted and I also told her I thought that I should have at least gotten a warning about "taking it easy". I honestly just want a new job, but there are only a few around here.

I am going to be calling HR I have to go get my check on Thursday and I know i can call the marketing girl and get the number. I can probably find the number online. I just think its bull crap.
She works me 11 and 12 hour shifts up until the second she thinks i cant do it. Its not a hard job....I mean if she would just give me 8 hour shifts and not have me on my feet all darn day that would be fine!

Thank you girls so so so much! I thought I was just being crazy! But, I think I have a case!
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  #12  
March 9th, 2010, 05:46 PM
..Penelope..'s Avatar Platinum Supermommy
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You definitely have a case! Good luck! Please KUP.
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  #13  
March 9th, 2010, 08:05 PM
sportyboymom's Avatar Mega Super Mommy
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Fight, Fight, Fight! Don't let this chick win! Keep us posted.
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  #14  
March 9th, 2010, 08:24 PM
Happy Song's Avatar Nicole
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I understand that you have a job without many benefits however it doesn't mean that you should be treated poorly. What your boss is doing is setting up grounds to dismiss you in a manner that would prevent you from recieveing uneployment.

In my opinion I think that you should consult several Lawyers about the situation. I know that lawyers are expensive. However in my experience once you start standing up for yourself at an employer then you are easily terminated or the job is made completely unbearible. One legal trick that Lawyers love is getting the person you file the complaint againt to pay their fees.

Your boss will try to continue to walk all over you but if you have Lawyer contact her and the labor board on your behalf, the Lawyer can protect your interest and ablity to receive unemployment compensation.

I am so sorry~
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  #15  
March 10th, 2010, 08:43 AM
dancefever's Avatar Mega Super Mommy
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I agree, you definitely have a case! That is ridiculous! Good luck & keep us posted!


Also, maybe you could request a transfer to a different location when you file the complaint? You shouldn't have to put up with that, nor should you have to worry about finding a completely different job right now. So if there is another location close enough to you, I would definitely consider that as well.
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  #16  
March 10th, 2010, 09:53 AM
~*Kixs*~'s Avatar Platinum Supermommy
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You 100% need to contact HR. I tried looking it up on-line and here is what I found on their website:
http://company.papajohns.com/careers...to_Work_en.pdf

If you think you are being discriminated against it says to call OSC @ 1-800-255-7688

There is also another PDF file on their website for the U.S. Equal Employment Opportunity Commission. There number is 1-800-669-4000 and the main website is US EEOC Home Page
http://company.papajohns.com/careers/pdf/EEO.pdf


Good luck!!!
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  #17  
March 10th, 2010, 09:58 AM
GeekMom's Avatar Mega Super Mommy
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WOW! Thanks guys! I think that once we get a car running again I will go to the papa johns in the next town. It's a better store anyway.

I don't know what is her deal honestly. I was her star child and she had so much faith in me. Then at the drop of a hat i get this crap. She is leaving on a vacation for Cancun soon, a long with our district manager.

I am going to call up to the HR and see if I can't speak anonymously just in fear of being further reprimanded at my job. I will be calling later this afternoon.

You guys are wonderful!!!!
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