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Thread: Do I need an attorney???

  1. #1

    Question Do I need an attorney???

    First off, I am new to this, so please bear with me. And sorry in advance for the long story/details.

    I am curious if I should contact an attorney for an incident while pumping at work. Here are the details:

    My son was born 12/19/08. I returned to work after 12 weeks on 03/16/09. Before returning to work I discussed pumping with Human Resources as I had every intention to continue to breastfeed for as long as possible. We do not have a pumping room since it is a small company. However, it was decided that it was best for me to pump in a vacant office. So everyday I would get a master key from one of the 8 people who held one, go in the room, lock the door behind me, and pump. At first I did this twice a day, but then my hours were cut so I only needed to pump once while at work.

    On 05/12/09 while I was in the locked office pumping I heard a key in the door. The door was unlocked and opened so fast that I hardly had time to respond. Once the door was opened there was a "sorry" and it shut right away. I did not have a sign on the door as HR never instructed me to do so. But I was able to see who barged in on me...the owner of the company of all people. He made no mention of the incident afterwards and never officially appologized to me. As embarrassing as it was I made sure to let HR know what happened and discussed other arrangements for me to pump if need be. I found out the next day "why" he had let himself into the office..apparently he was looking at what needed to be done in the office so his daughter could get setup to work in there. Yeah...he was hiring his daughter while we were in a hiring freeze...not to mention the hour and paycuts and complete reduction of benefits that all current staff already were dealing with. Sheesh! So anyways I was set up to pump in a different office and was now instructed to put a sign up so no one else would interrupt me. My sign said "Creative juices flowing. Please do not disturb." Pretty creative I might add. However, I only pumped for another week or so at work as I was still uncomfortable from the previous incident. My supply decreased as a result and my little one no longer wanted to nurse. So I am continuing to pump for him to this day, but so sad that this incident put a keebosh on our nursing/bonding relationship.
    To make matters more complicated I was recently terminated from that employer for BS reasons...probably so they don't have to pay unemployment.

    Oh lord! What should I do?

  2. #2
    Join Date
    May 2006
    Posts
    19,889

    Default Re: Do I need an attorney???

    It sounds to me like your employer was actually pretty supportive of breastfeeding- they gave you time to pump and an office with a door in which to do it. Being walked in on is common hazard of pumping at the workplace, and since it sounds like your HR dept. quickly made arrangements to decrease the likelihood that something like that would happen again, I don't think the employer can be considered unresponsive to your needs.

    I think that contacting an attorney seems unlikely to result in anything positive for you, unless you have evidence that you were fired because of pumping or because your boss walked in on you. If so, you may be able to prove that you were discriminated against- but I think that it would be a hard case to prove given the accommodations that were made for you.

    So sorry you lost your job, and that your baby decided to give up on nursing!
    Coolest thing my big girl said recently: "How can you tell the world is moving when you are standing on it?"
    Coolest thing my little girl sang recently: "I love dat one-two pupples!"

  3. #3
    Join Date
    Mar 2009
    Location
    Fantastical So Cal
    Posts
    415

    Default Re: Do I need an attorney???

    Quote Originally Posted by @llli*mommal View Post
    It sounds to me like your employer was actually pretty supportive of breastfeeding- they gave you time to pump and an office with a door in which to do it. Being walked in on is common hazard of pumping at the workplace, and since it sounds like your HR dept. quickly made arrangements to decrease the likelihood that something like that would happen again, I don't think the employer can be considered unresponsive to your needs.

    I think that contacting an attorney seems unlikely to result in anything positive for you, unless you have evidence that you were fired because of pumping or because your boss walked in on you. If so, you may be able to prove that you were discriminated against- but I think that it would be a hard case to prove given the accommodations that were made for you.

    So sorry you lost your job, and that your baby decided to give up on nursing!


    This happened to me too. It's definitely a hazard.
    Courtney
    Ever 06.26.02
    Lyric 12.26.08 (Holy sheep! Nursing at 30 months and counting!)


    Breastmilk is better than any udder milk! ~Author Unknown

  4. #4
    Join Date
    Nov 2006
    Posts
    751

    Default Re: Do I need an attorney???

    I have my own private office and have been walked in on by custodial staff and such.... very common hazard.

    I now have a BRIGHT orange sign that reads "Pumping - Please come back in 10-15 minutes" I'm surprised how many people miss the sign and knock anyways...


    On the other hand, I am very sorry this happened to you. However, it does sound like your employer was very supportive.

    I am having a hard time grasping that this incident changed your nursing bond so much. Maybe your little one is just having a nursing strike. It is VERY uncommon for a baby that young to wean.

  5. #5
    Join Date
    Feb 2008
    Location
    SoCal
    Posts
    6,467

    Default Re: Do I need an attorney???

    Quote Originally Posted by @llli*chargermama View Post
    I have my own private office and have been walked in on by custodial staff and such.... very common hazard.

    I now have a BRIGHT orange sign that reads "Pumping - Please come back in 10-15 minutes" I'm surprised how many people miss the sign and knock anyways...


    On the other hand, I am very sorry this happened to you. However, it does sound like your employer was very supportive.

    I am having a hard time grasping that this incident changed your nursing bond so much. Maybe your little one is just having a nursing strike. It is VERY uncommon for a baby that young to wean.
    Also why can't you get unemployment?

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