Let go for attendance after multiple hospital stays

[DenCoBri]

I’m a former seasonal flex fulfillment employee and while employeed, I was in my third trimester of pregnancy. Towards the end I started to have health complications. The complications resulted in needing drs ordered work restrictions which were for me to pick/walk half my shift and pack/limit walking the other half. I also ended up missing a few shifts because I was in the hospital a few times.
It only happened once, but one lead went against my drs orders and tried making me pick my whole shift which lead me to leaving early because of my health. I unfortunately and regretfully did not ever bring that to HRs attention because I was worried the specific lead would make things harder on me or somehow make me a non rehire. And to make things worse and more annoying, I was not offered a position beyond seasonal because they stated it’s attendance over performance.
....my attendance was due to me being in the hospital. Which I told them.
Now I have tried to reapply and didn’t even got a call back. Just says not considered. Was my bad attendance because they didn’t believe me about being in the hospital? No I never provided paperwork but they never asked either. And me not getting hired back (even though they all kept promising I’d be welcomed back after having the baby and reapplying) could it be based on the attendance from before? It just all seems unfair and it’s definitely discouraged me a bit.

 

[JAShands]

I’m so sorry that you had complications during your pregnancy, I’ve been there and it’s terrifying. I’m even sorrier that your restrictions weren’t communicated to that Leader (even worse if the Leader knew about them and ignored them).

But if you were hired for Fulfillment chances are you weren’t going to be kept anyways. For 11 months out of the year we can run our Fulfillment with only 4TMs. But that 12th month we need to hire an easy 24 more TMs. After last years Q4 we kept 3 Fullfillment TMs, this year we kept 1 and a transfer. Hours in January are about 30-40% less than in December, and February is even less.

I would suggest enjoying as much time as you can with your brand new baby. They grow up way too fast and you’ll never get these small moments back. 😊

 

[Ashfromoldsite]

I’m a former seasonal flex fulfillment employee and while employeed, I was in my third trimester of pregnancy. Towards the end I started to have health complications. The complications resulted in needing drs ordered work restrictions which were for me to pick/walk half my shift and pack/limit walking the other half. I also ended up missing a few shifts because I was in the hospital a few times.
It only happened once, but one lead went against my drs orders and tried making me pick my whole shift which lead me to leaving early because of my health. I unfortunately and regretfully did not ever bring that to HRs attention because I was worried the specific lead would make things harder on me or somehow make me a non rehire. And to make things worse and more annoying, I was not offered a position beyond seasonal because they stated it’s attendance over performance.
....my attendance was due to me being in the hospital. Which I told them.
Now I have tried to reapply and didn’t even got a call back. Just says not considered. Was my bad attendance because they didn’t believe me about being in the hospital? No I never provided paperwork but they never asked either. And me not getting hired back (even though they all kept promising I’d be welcomed back after having the baby and reapplying) could it be based on the attendance from before? It just all seems unfair and it’s definitely discouraged me a bit.

Seasonal hires have to fight for open positions to stay. If you have attendance issues and others didn’t, they are kept before you. Had nothing to do with hospital stays, pregnancy, work restrictions. They can only keep so many because payroll is scarce jan thru March. Poor attendance leads to being let go as a seasonal hire.

 

[DenCoBri]

I’m so sorry that you had complications during your pregnancy, I’ve been there and it’s terrifying. I’m even sorrier that your restrictions weren’t communicated to that Leader (even worse if the Leader knew about them and ignored them).

But if you were hired for Fulfillment chances are you weren’t going to be kept anyways. For 11 months out of the year we can run our Fulfillment with only 4TMs. But that 12th month we need to hire an easy 24 more TMs. After last years Q4 we kept 3 Fullfillment TMs, this year we kept 1 and a transfer. Hours in January are about 30-40% less than in December, and February is even less.

I would suggest enjoying as much time as you can with your brand new baby. They grow up way too fast and you’ll never get these small moments back. 😊

Thank you for your reply. I absolutely understand what you’re saying about flex. I was interested in the back in general so I definitely knew I wouldn’t be in flex. It’s a crappy feeling though because I know she knew. The Whole store seemed to know. She for whatever reason didn’t seem to like me. And aside from that short time of having the drs orders, I didn’t become like a needy pregnant woman demanding to be accommodated all the time. I truly worked hard, harder than most I watched sit around and hide. That was my 3rd pregnancy and I had two jobs at the time. My other pregnancies I also worked full force until days before giving birth. So I’m not afraid of some hard work haha but it got to the point of being forced into drs orders and feeling crappy when I did too much. Idk it just turned into an unfortunate situation that I wish would’ve worked out different 🤷🏻‍♀️

 

[DenCoBri]

Seasonal hires have to fight for open positions to stay. If you have attendance issues and others didn’t, they are kept before you. Had nothing to do with hospital stays, pregnancy, work restrictions. They can only keep so many because payroll is scarce jan thru March. Poor attendance leads to being let go as a seasonal hire.

Yep I definitely fought from day 1 to earn a position. I knew that from the start. But I didn’t miss a shift except when I was in the hospital. So if THAT still falls into the category of an attendance issue than that’s just unfortunate

 

[DBZ]

They might not have kept any seasonals from the flex team. We went from having 500+ opus to 80. Typically there are no open positions until March.

 

[Ashfromoldsite]

Yep I definitely fought from day 1 to earn a position. I knew that from the start. But I didn’t miss a shift except when I was in the hospital. So if THAT still falls into the category of an attendance issue than that’s just unfortunate

Of course it does. You missed work. Under 90 days it matters more than after unfortunately.

 

[Tessa120]

Of course it does. You missed work. Under 90 days it matters more than after unfortunately.

Doesn't the federal laws about disabilities mean disability related absences can't be a disciplinary/attendance issue?

 

[gsa4lyfe]

Doesn't the federal laws about disabilities mean disability related absences can't be a disciplinary/attendance issue?

Yeah but this person was seasonal so no way to prove that’s what it was for. If they were a regular TM they honestly would have a case for wrongful termination if it was indeed medical issues but unfortunately as a seasonal TM you don’t really have any sort of argument.

 

[Ashfromoldsite]

Doesn't the federal laws about disabilities mean disability related absences can't be a disciplinary/attendance issue?

I’ve had 2 kids. I don’t consider being pregnant a disability. She was let go for attendance, not for work restrictions. But to answer your question, not sure.

 

[FredPanda3]

At target you really are just a number. No one deserves to be treated the way you were, I hope you find something better!

 

[Fluttervale]

Doesn't the federal laws about disabilities mean disability related absences can't be a disciplinary/attendance issue?

No, federal disability law does not protect from absences. FMLA would if the employee meets requirements (so many hours and having been employed for a year) but then only if the medical reason for the absence qualified for FMLA.

You could speak to the EEOC about it, but I don't believe that you will be protected. Companies are not required to employ people who cannot perform the essential functions of a job even with reasonable accomodation. You still have to be able to do the entire work in some way.

 

[Tessa120]

I’ve had 2 kids. I don’t consider being pregnant a disability. She was let go for attendance, not for work restrictions. But to answer your question, not sure.

Federal law does. Read the posters that explain state and federal rights. I heard that pregnancy was included because too many employers were making women choose between staying employed and endangering her and her baby's health, along with refusal to hire and forced out in other ways. Pregnant women aren't disabled in the medical sense, but they are impaired in many life skills and the stakes are too high to try and force them to act unimpaired.