What are my rights?

[~Leah~]

I read it everywhere, and no one will admit it, but I’m looking to transfer positions at work (as I have been looking for the past 6 months and been jerked around for being an internal applicant…) and the position I have no applied for is where EVERY single person in my position has moved on to (unless they flat out quit). It’s a very lateral movement, but into a different department. I was told when I applied that nobody else had applied, but now interview week is around and I can’t get an answer from HR on what is happening with the position.

Funny part (or not so funny) is that I haven’t heard from HR since our first little “chat” about the position and I am now noticeably pregnant. I am still around for another 5 months before I go on mat leave, and the average lifespan of this new position has been around 3-5 months, so I figured it wouldn’t hurt my chances, and would help everyone out when I come back from mat leave because I would be moved into this department afterwards anyway… so having 5 months experience would be much better than nothing don’t you think?

I’m just wondering what my rights are here? I know they’ll never openly admit they won’t move me there (the position has been empty for almost a year – they need to fill it because work is piling up) because I’m pregnant, but it’s quite obvious this is the case. I know companies can’t legally discriminate against an external candidate for being pregnant, but are the rules any different for internal candidates? I talked to my boss about it last week who actually flat out said to me, “Don’t get your hopes up for getting the job. We can’t discriminate against external candidates, but since you already have a job here, we can do what we feel is best for the company… and that doesn’t include a short term fix to a long term problem (meaning the position)."

[Tik-Tok]

No, they can't discriminate against you, but if you expect to come back to your current company, I wouldn't make waves about it.

You have to understand they need to do whats best for them, what's the point in going through all the training for you, just for you to leave in a few months, not knowing whether you'll be back or not?

It sucks, but that's life.

[bennyhanna]

Question

Who do you work for?

[Maddog55]

Everything you need ---> http://employment.alberta.ca/cps/rde....xsl/1224.html

[~Leah~]

Well it's not like there aren't other better companies I can work for after my mat leave is done. I've put up with their bullshit and I was going to come back, but I won't if this is gonna happen.

I'd rather not disclose who I work for at this point.

[gatorade]

I wouldn't do it either if I were them

[lilmira]

It's not really discrimination. If they need someone and you won't be available for a year. Of course you are not gonna get the position. That's just matter of fact. They are not firing you.

So your thought is that they should promote or transfer you to the position you want, train you and then have you disappeared for a year so that they have to get someone else to fill up your position. Only the government might do that.

[hjr]

not getting a job based on you future ability to work is not discrimination. why would they train you to have you leave on mat, then immediately have to train someone else to replace/cover for you? they wouldnt. if they are being dicks then just dump em after mat leave....

[awd]

I don't blame them. Why transfer and train you if you will be gone soon -- whats the point? For all they know you might never return.

I wouldn't label this as discrimination, just them being logical. They are running a business and to them this move is a waste of time and money.

[zoik]

it's not discrimination... they'll label it as you're not a good canidate for the position. if it really pisses you off i'm with hjr on this and dump them once mat leave is completed.

[bspot]

It's probably because you are a chick and chicks aren't very good at math and driving and junk.

[PINOY-X]

Originally posted by bspot
It's probably because you are a chick and chicks aren't very good at math and driving and junk.

uhhhhhhhhhhhhhh

[GTS Jeff]

I think the solution to the problem here is to tell your boss that you're not pregnant, you've just let go and become a fattie. While you're saying this, munch on a bag of chips and leave a mess of crumbs and grease in the office.

[~Leah~]

Originally posted by bspot
It's probably because you are a chick and chicks aren't very good at math and driving and junk.

You forgot, we have cooties too.


I talked to my HR dept and they said they can't discriminate... apparently I'm making too much $ for the position I applied for and they'd be more than happy to give it to me but I'd have to take a pay cut.

I like your idea Jeff. I'll try that today.

[ninjak84]

Originally posted by awd
I don't blame them. Why transfer and train you if you will be gone soon -- whats the point? For all they know you might never return.

I wouldn't label this as discrimination, just them being logical. They are running a business and to them this move is a waste of time and money.

No kidding

You sound like one of those women who walks around downplaying her issues surrounding pregnancy, then asks for help lifting a 5 lb box You should accept your physical situation as a result of your own actions, instead of using it as grounds for some bullshit discrimination claim.

[Mangina]

What a waste of space.

[sputnik]

Originally posted by awd
I don't blame them. Why transfer and train you if you will be gone soon -- whats the point? For all they know you might never return.

I wouldn't label this as discrimination, just them being logical. They are running a business and to them this move is a waste of time and money.

Especially considering it is a lateral move anyways.

[JRSC00LUDE]

"What are my rights?"

You have the right to remain silent. Anything you say can and will be used against you in a court of law.

You have the right to an attorney. If you cannot afford an attorney, one will be provided for you at interrogation time and at court.

[colsankey]

Those are your Miranda rights if your American.. too much TV for you.

[JRSC00LUDE]

^

Look everybody, we got a genius on the forum!

You're lucky I'm fucking hammered right now!