Should I get a lawyer for wrongful termination due to taking breastpumping breaks?

It's ALOT to write so I'll try to make this as short and to the point as possible. In August 2017 I was terminated from my nursing position due to "attendance non-adherence and taking extended and unapproved breaks". I was a call center RN. My manager and team knew I was breastfeeding. My manager told me it was fine for me to breast pump at work as long as I wrote the times down on a documentation sheet (since my computer tracking system wasn't working)AND told someone on my team when I needed to leave my desk. Which I did do and it is documented her telling me it was ok for me to take breastpumping breaks. After about a month of me taking 2 breaks in the morning and 2 in the afternoon of about 20-25min my manager began harassing me constantly, sending me texting messages, asking where I was (she was work at home quite alot), what I was doing while I was breastfeeding. She then told me I could only take a 15 minute break and that I was "off the phones too much". So I started breastpumping for 20min on my 1 paid break in the morning and either during my lunch time or on my afternoon paid break. So 1 20 min break in the morning, 1 in the afternoon. I was in alot of pain due to this and my supply decreased. After about a month of that I was called into a scheduled meeting to discuss my performance goals and when I walked in my 2 managers were there (one was for a witness). My manager said we needed to speak about these extended unapproved breaks. When I said these are my breastpumping breaks and I have my documentation sheet at my desk to show you (so she could see the times matched up)she denied me access to my desk and told "they already decided on termination because this wasn't once or twice but consistently that I was taking extended and unapproved breaks". When I tried again to explain and show documentation she wasn't having any of it. She told me I could call EAP to see about unemployment benefits or others resources to help me since she knew "I was having a difficult time financially and I just had my baby 5 months ago". Then she wouldn't let me gather my things from my desk saying the other manager would get my personal belongings and they would box up and mail me everything else (like my nursing licenses). Of course I don't have the documentation sheet but I have several witnesses who knew I was breastpumping at work, txts of her harrassement, and the time of my breaks line up with what Im saying. I didn't take 20 breaks a day I took 1 in the morning 1 in the afternoon. After I was terminated I was no longer able to bf after about a month with the stress and depression. My baby was put on formula which made her terribly constipated and miserable. It took us about a month to find a formula that worked with her. I was and still am just so distraught/depressed/angry about the whole situation. I did go, a day after the termination, to the NYS Board of Human Rights and Labor Department and filed a complaint and it's still pending investigation. But I'm getting more discouraged and hopeless and wonder should I just get a lawyer to help fight this battle?? FYI I was approved unemployment and after I came back she told the team she had been doing fertility treatments and ended up having a miscarriage. Several people have told me it sounds like she was discriminating against me due to her jealousy of me just having a baby. Sorry this is looong. If you need clarification/ have questions please ask. I'm not hiding anything. Thanks! EDIT: Thank you everyone for your advice. I have started to call around to see what my options are!

880 views • 30 upvotes • 55 comments

COMMENT (55)

Jo

Posted at
get a lawyer, that's bullshit

An

Angie • Jan 11, 2018
Thanks for your input!

Ri

Posted at
I would definitely consult with a lawyer and see if you have a case per your state laws!

An

Angie • Jan 11, 2018
Thank you for the input. The more I see these positive comments the more I feel I may be able to do something here!!

Je

Posted at
Yes! My sister was in the same position and just settled for 92k! In Cali

La

La'Nyce • Jan 25, 2018
😂😂😂😂🗣🗣🗣 I’m just saying !!! Lol

Je

Jen • Jan 24, 2018
Youre welcome. Dont be discouraged, talk to a wrongful termination attorney and get the ball rolling and give us an update momma 💜

An

Angie • Jan 24, 2018
Thanks so much!! This is very encouraging to hear!!

El

Posted at
What makes this whole situation worse is that you said you were a nurse... so of all people, medical staff should know the importance of breastfeeding!!! Yes, I would consult with a lawyer.

An

Angie • Jan 11, 2018
Yea I thought for sure breastfeeding at work would be the least of my worries!!

An

Angie • Jan 11, 2018
My manager seemed very nice and excited about me having a baby and then it was "we might not be able to hold your job if you don't come back soon" and then when I was under her supervision again she made this big stink about me being away from the phones and it didn't matter the reason.

Ol

Posted at
Absolutely get a lawyers opinion, that is just awful. Perhaps also ask your coworkers if they could write a statement confirming what you're saying (they may not feel comfortable doing so but it's worth asking).On the up side I hope you and your precious bub are feeling less stressed without her being a part of your day to day life. All the best! X

An

Angie • Jan 11, 2018
I have spoken to one coworker who said she's write a note bout wouldn't sign it. But I'm reaching out to others as well!! Thanks for the advice.

Am

Posted at
Yes, document whatever you can while still fresh in your memory. Time is critical now, move quickly but call multiple employment law firms!

An

Angie • Jan 13, 2018
Yes I saw there was a time limit of I think 6 months from the date of termination to get to pursue! Thanks for the advice.

Li

Lindsay • Jan 13, 2018
I agree. Call multiple firms.

Am

Posted at
Good luck! By policy our company allows a total of 20 minutes (2 ten minute breaks that can be combined for breast pumping moms) paid, and one unpaid 30 minute lunch break just like everyone else. If I need more time I have to clock out. Were you trying to take longer “paid” breaks or were your extended breaks off the clock?

Am

Am • Jan 18, 2018
Sorry that stinks-best of luck. I hope it all works out for you.

An

Angie • Jan 17, 2018
We had 2 15min paid breaks and 1 30 min lunch unpaid. When I took more time it was unpaid. I never tried to get extra paid time and they did take the money out of my checks for the additional time.

Li

Posted at
So you won’t get anywhere talking about her jealousy or anything but you definitely have a case. Talk with a lawyer and see what you can do. Gather all of your documentation. Make sure you have the numbers of people who will back you up and hopefully sworn affidavits from them. Be upfront with your attorney. I’m not calling you a liar AT ALL but you will have backlash andnyou want to be completely transparent in order for people to take your side. ONE unscheduled break where someone didn’t see you pumping or knew you were doing something else and you don’t admit to it then that could hinder your chances of getting something from this. This will probably be settled through arbitration and you will most likely get a settlement because it’s less costly this way.

Li

Lindsay • Jan 17, 2018
Oh I see I originally put one. Yeah they might say more than one is because it could be an every 4 hour thing but I don’t think they could call 2 excessive. 3 in an 8 hour shift is excess no matter if your working or not. I exclusively pumped except for the first two weeks after baby pumping that often within 8 hours was too much.

Li

Lindsay • Jan 17, 2018
(Whoops early post) they my try to claim more than two is excessive. And yeah I know it really stinks!!! I’m just letting you know how it could possible go down from a legal stand point and from their end of things. You’ll want to be prepared for it all. I used to work on the corporate side of situations. I know how they think.

Li

Lindsay • Jan 17, 2018
2 is not excessive but they might try to claim

Br

Posted at
Get a lawyer. That’s completely illegal.

de

Posted at
Hell yes get a lawyer