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Pregnant during notice period

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  1. #61

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    Quote Originally Posted by Hkemail888
    Sounds like kaitak8 is getting “sound” legal advice from that same “corporate lawyer” and that the outcome will be the same legally and morally it makes sense - that person has his own agenda and is not looking for answers just looking for us to comfort him telling him he is is right. He is wrong morally and legally. She got fired because she is not needed or not good, not because of the pregnancy, so stop trying to abuse th system. If she was fired because pregnant it would be a scandal and a shame. But she wasn’t. Anyway good luck with your top legal and senior LD advice lol
    You are mistaken. We spoke to an employment lawyer. We would appreciate it if you could keep your assumptions (absent any useful advice) to yourselves. Thanks.

  2. #62

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    Feb 2016
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    Quote Originally Posted by Kaitak_8
    You are mistaken. We spoke to an employment lawyer. We would appreciate it if you could keep your assumptions (absent any useful advice) to yourselves. Thanks.
    You do know you are on a forum and assumptions will be made and posted freely...

    Congratulations on the pregnancy! Will not comment on the situation as it is a losing case for both parties in the end.

  3. #63

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    Honestly if you are keen to keep the baby, then letting your wife leave and stay at home is likely the better choice..
    otherwise she would likely be in such a stressful situation that eventually it will affect her and the baby's health..

    Elegiaque likes this.

  4. #64

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    Quote Originally Posted by TheBrit
    Do you think that's pregnant woman should be forced to look for a replacement job after being fired while pregnant? This is a genuine question.

    If you do think its ok, how stressful and likely to result in a positive outcome (being hired?) do you think this process will be? How many employers do you think will hire pregnant ladies?
    This is totally irrelevant in the context of this thread. The employer was not told the employee was in fact pregnant at the time of termination.

  5. #65

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    Quote Originally Posted by threelittlepigs
    This is totally irrelevant in the context of this thread. The employer was not told the employee was in fact pregnant at the time of termination.
    This is your opinion. According to the OP, it is not the opinion of the Labour Department or a labour lawyer.

    Personally I think it's very reasonable not to expect pregnant ladies to be forced to go job hunting while pregnant. I'm surprised others don't feel the same way to be honest.
    mrgoodkat likes this.

  6. #66

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    Quote Originally Posted by TheBrit
    This is your opinion. According to the OP, it is not the opinion of the Labour Department or a labour lawyer.

    Personally I think it's very reasonable not to expect pregnant ladies to be forced to go job hunting while pregnant. I'm surprised others don't feel the same way to be honest.
    Then don't get pregnant after getting fired. If you know you're out of a job, perhaps use protection. Why is everyone assuming the pregnancy occurred before notice was given? For the record, companies should not be firing pregnant staff. That is why the ordinance is there - you must tell the employer that you are pregnant when given notice so that the termination is voided. That did not happen.

  7. #67

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    Have you ever asked your wife if she wants to dragged through this while pregnant?


  8. #68

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    Quote Originally Posted by threelittlepigs
    Why is everyone assuming the pregnancy occurred before notice was given?
    I heard the number one reason for starting or extending a family in Hong Kong is to win a few months of pay immediately after being fired.... some families have up to ten children in this exact circumstance.... it's a good job becoming pregnant any time on demand is so easy..... ffs.

  9. #69

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    Quote Originally Posted by TheBrit
    Do you think that's pregnant woman should be forced to look for a replacement job after being fired while pregnant? This is a genuine question.

    If you do think its ok, how stressful and likely to result in a positive outcome (being hired?) do you think this process will be? How many employers do you think will hire pregnant ladies?
    No, a pregnant woman should not be forced to look for a job, but in this scenario it was not pregnant woman and even had perhaps up to a month or more to look for a job while not pregnant.

    I'm curious what laws in other countries say about this scenario.

    I find these situations where there is tension between an employer and employee are no good for anyone. Even if someone thinks they have been wronged by an employer, it is not worth it to stick around unless finances are so tight (in which case, baby $$$$....).

  10. #70

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    Quote Originally Posted by HK_Katherine
    +1 for the blood boiling. As an employer, we had an employee who repeatedly did this. We inherited her and she was awful at her job. Three pregnancies, one after the other, all through a period of us trying to give her negative feedback and set out a plan for work improvement, and each time set back because of these pregnancies. In the end we served notice on the first day we were legally able to and she still send lawyer letters to try and extract more cash! It made me very wary of hiring women of childbearing age ever since (although our last few pregnant staff have been great and not abused the system and came back etc etc).

    To the OP - your wife was fired for a reason. Either the company cannot afford her or she was not good enough. Either way, if you try and force them to keep her on, you are stretching the resources of the company just for your own personal gain. It's appalling. And I cannot imagine the working environment would be much fun for your wife either.
    Assholes are assholes - you really shouldn't be wary of "women of childbearing age" which is basically anyone 18-45! The reason there are laws to protect pregnant women is because many employers take an attitude like yours and discriminate against future pregnant employees based on a bad prior experience.

    A friend has a male employee on her team who takes the maximum amount of sick leave per month, has some dodgy doctor always signing him off. Surely if you are that sick for 2+ years then you need a proper leave to get treatment, not just a few days off every single month. Whenever they want to get rid of him HR advises it could be an issue because of his health he will say he's being discriminated against.

    So it can be anyone who abuses the system, luckily such people are fairly rare.
    TheBrit, chuckster007 and LifeInHK like this.

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