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When To
Talk To A Lawer
Not
every woman who gets pregnant needs a lawyer. In fact, most
pregnant woman can and should think about what color to paint the
nursery rather than hunting down the right attorney. But, there
are times when a lawyer can make your life easier. Lawyers don’t
just litigate and take cases to court; lawyers can also help you
protect your rights before there is a problem. This can help you
feel confident about your financial future and enjoy your pregnancy
instead of worrying about work.
This Belly Scoop is going to help you understand how and when you
might want to talk to an employment law attorney, and what you can
expect if you do.
First, contacting an attorney does not mean you have to file a case
in court. In fact, depending upon when you contact a lawyer and the
particular facts of your situation, most employment law attorneys
will not start with litigation.
Some common situations where an attorney can help include:
SITUATION 1:
You
just found out your pregnant and you haven’t told anyone at work
yet. You’ve done some research on the internet and know you have
rights, but you are not sure your employer is going to provide you
with all of the benefits you are entitled to.
How can a lawyer help? If you want help communicating with your
employer, an attorney can help you draft a letter that will protect
your rights and help prevent any retaliation from your employer.
Your employer may never need to know you have an attorney because
all correspondence can be in your own name. Your attorney simply
helps you draft the correspondence to ensure it is adequate in
protecting your rights.
SITUATION 2:
You
requested leave from work because your doctor put you on bed rest
during your pregnancy. Your employer has refused to give you leave
stating that you haven’t worked enough hours to qualify for Family
and Medical Leave.
How can a lawyer help? If you want to try to resolve things
without your employer knowing that you’ve contacted an attorney, you
might start with an attorney helping you draft a letter in your name
requesting leave with the applicable law cited. If this is
unsuccessful or you want your employer to know a lawyer is involved,
an attorney can contact your employer directly and explain that you
are entitled to leave. You might also choose to have an attorney
write a ‘demand’ letter, essentially telling the employer that you
will proceed to litigation if they do not resolve the situation
immediately.
You
can choose the tone you want to express to your employer. You may
choose not to threaten litigation at this point, especially if you
hope to keep your job and want a friendly relationship with your
supervisor and colleagues. On the other hand, you may decide that
threatening litigation is the only way to get your employer to act
lawfully. The right attorney will counsel you and act according to
your wishes.
SITUATION 3:
You
informed your employer of your pregnancy and two months later you
were demoted or transferred to a less desirable position.
How can a lawyer help? Even in this situation, most employment
law attorneys will not start by filing a lawsuit. Rather, they will
write a ‘demand letter.’ Essentially, this letter tells your
employer that they need to fully correct the situation (this may
include paying you money for your lost income, emotional distress,
and attorneys’ fees) or you will file a lawsuit. If your employer
fails to respond, it may be time to file a suit in court.
OTHER SITUATIONS:
Other situations where a lawyer can help include: your doctor has
placed you on light duty and you need to negotiate a reasonable
accommodation for your pregnancy; you want to negotiate for an
alternate work schedule that your employer is not legally required
to give you without jeopardizing your current position at work; or
you simply want to educate yourself about your rights so you can
plan for your pregnancy and the birth of your child.
In
any event, don’t be afraid to contact an attorney and ask
questions. Ask what services an attorney can provide and how much
those services will cost. Make sure you feel comfortable with your
attorney and that you feel they understand your situation.
To contact an attorney who focuses primarily
on helping pregnant women atwork, visit
www.pregnancylawyer.com or call Attorney
Sarah B. Schlehr directly at (310) 492-5757.
This Belly Scoop has been sponsored by Ms. Pregnancy Lawyer,
Sarah B. Schlehr! |
