Job Problems

Updated on June 14, 2010
V.W. asks from Rush City, MN
5 answers

Ever since I've become pregnant, I've been having problems with fainting or almost fainting whenever I stand or walk around for long periods of time. I work as a cashier so it has created problems. When I was 11 weeks pregnant, I fainted at work and ended up having to be transported by ambulance to the ER. The next week I worked two days, and both days I almost fainted. One of the days I was sent home because of it. They day I was sent home, they agreed to give me a stool to sit on while I was working. However, since that day I haven't been scheduled to work at all! I'm now about 21 and a half weeks pregnant, so I haven't been scheduled for about 10 weeks.

Does anyone know what the laws are regarding this issue in Minnesota? If I do have a case against the company I work for, would it be worth it to sue? I'm not sure what to do. I really need the money, and I'm not eligible for unemployment because I am still attending high school. I have tried to find another part time job, but no one is hiring and there aren't many part time jobs that don't involve standing or walking for long periods of time.

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So What Happened?

So, of course, the day after I post this the company I work for called to tell me that they have given me some hours this week. Yay! :)

I just wanted to clear a few things up. Whenever I stand or walk for a long period of time is when I faint. It hasn't happened ONLY at work, but since I work at a job where I have to stand for 2 or more hours straight before I can have a break I usually faint when I do work. My doctor has given me many tests to try and figure out what is causing the fainting, but she has yet to find a reason.

However, since it only happens when I'm standing/walking a stool should definitely help. I guess we'll see how it goes this week :)

More Answers

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S.B.

answers from Redding on

Well, V.,
I'm not sure you can sue your company for not scheduling you. They haven't fired you and offered to let you have a stool, but you still had your fainting problems. My guess is that they are worried something could happen to you if you faint and fall and hurt yourself.
You say you have fainting problems at work, but do you have the same problems while attending high school?
What has your doctor said about your fainting spells? Are you eating right? Are you anemic? Are your sugar levels in check? Does he expect these spells to diminish as your pregnancy progresses? Has he talked to you about putting you on disability leave until the fainting goes away or your baby arrives?
I would talk to your doctor first.
I don't know that you can sue your employer for not scheduling you since if you faint and get hurt there, then you could sue them if you hit your head or something, It sounds like they haven't scheduled you, but they haven't terminated you either. They probably just don't know what to do. You already fainted at work and had to be taken to the ER. They are probably concerned about you and about their liability as well.

I don't think you can sue them. That's just my opinion.
Talk to your doctor. Your employer may want something in writing that says your fainting is over or you can't work until it subsides. Maybe you are just doing too much between working and school.
The main thing is to take good care of yourself.

Best wishes.

2 moms found this helpful
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G.H.

answers from Chicago on

Why are people so damn "sue happy".....you are fainting!!!!!!! why would they want to take the liability of scheduling you for more work if you are fainting & having to be transported to a hospital via ambulance! You need the money but if you get hurt on the job & you sue, you can possibly put them out of business or their insurance can sky rocket..........the last thing you should be thinking about is suing, instead put your energy into getting yourself better & finding out why this is happening..........

the right thing to do is to go to your boss & tell them you are going to make a Dr appt to figure out why you are fainting but you would also like more hours WHEN the Dr clears you....this will show them that you see there is a problem`& you understand that they are concerned about giving you more hours...... be proactive & not sue happy......

i wish you well & hope you & baby get better

1 mom found this helpful
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M.P.

answers from Portland on

Are you still fainting? If so then I think Shauna B. is on the right course of thought. Focus on getting treatment to stop the fainting. She asked many good questions. I didn't see her mention fluid consumption. Being dehydrated makes on more prone to fainting.

I would go in and talk with your supervisor. If you're no longer fainting then they may put you back on the schedule. Find out why you've not been on the schedule for this lengthy period of time. They may have had to cut back on hours because of financial reasons or there may be other legally legitimate reasons and your not being on the schedule has nothing to do with your fainting or your pregnancy.

What matters in the potential for a law suit is their common and previous practices. For example if they give hours based on seniority and clerks with less seniority are given hours and you're not then you MAY have grounds for a law suit. The issue is extremely complicated. I suggest that you talk with an attorney. Call and find one who will give you a 30 minute appointment without charge. Gather as much information as you can and talk with him.

Also eligibility for unemployment is related only to your employment. Attending school or not is not applicable. It sounds like the company has not terminated your employment which would make you not eligible for unemployment. Call the unemployment office yourself and find out the requirements. You may also find info on the Internet by googling your state Unemployment Office.

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R.M.

answers from Topeka on

I am not familiar with the labor laws in your state but here in Kansas unless you are "full time" or have a guaranteed number of hours per week then your employer is not obligated to schedule you at all!! My guess is that you do not have a discrimination case that has enough merit to go to a lawyer with. I would simply go in and talk to your supervisor and find out why you have not been on the schedule. I would also just start putting out applications elsewhere and see what you might be able to find in another place.
I know this is a tough time for you...being pregnant and in high school. Our middle daughter went through something similar to this when she had a baby at the age of 16, so I understand how you are feeling right now. I hope that you have family there who are being supportive and caring.
God bless you Honey

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A.B.

answers from New York on

Wow you got a lot on your plate. If you are PT you really don't have much hold there. PT means they can schedule UP to a certain amount of hours or not at all. I am assuming your fainting has stopped at this point. I fainted on and off till my 14th week. Are you taking care of yourself? Do you have family support? You have to eat properly take your vitamins. I would go speak to your employer but I will say they could say to you, we were concerned about your safety, I 'm sure they were, but they will also say why did you wait for 10 weeks and not approach us when we first started to cut your hours? If it is a small company they are definitly looking at the bottom line and want employees who are consistantly coming to work not going home sick. I know fainting isn't your fault at all but some employers don't think past the bottom line. Sadly, I also noticed a poster say look elsewhere for a job, I find that would be difficult. I don't think anyone would hire you in your present condition. They wouldn't say it to your face but that's reality. Could you offer babysitting to your neighborhood? Good practice for you and I am sure people would want to help you out. After you have your little angel you will be better able to make your future plans. If you aren't graduating this year, you will still have to go to school, care for a baby and work. I hope you have people to lend you a helping hand. Best of luck.

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