Please help me..Laid off while 9 months Pregnant.

[luckysiri]

Thanks ilikekilo for the information. My husband medical coverage will start on the same day of his joining date. There is no waiting period. We need to find out what kind of healthcare plan they are providing and check whether my hospital and OB is under there network.

[ilikekilo]

Originally Posted by luckysiri

Thanks ilikekilo for the information. My husband medical coverage will start on the same day of his joining date. There is no waiting period. We need to find out what kind of healthcare plan they are providing and check whether my hospital and OB is under there network.

there you go, good for you...you have nothing to worry about then, worst case you may have to change your OBGYN...start looking for good references in the area...

[senthil1]

Your employer might think that it is difficult to find a project in the current economic condition. Anyhow your husband started working there should not be any issue. You can join another company after 6 months.

Originally Posted by luckysiri

Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.

[luckysiri]

Thanks Kumar1 for letting us know the options. We both have valid EAD's in hand. I like to maintain the H1B status as I am the primary applicant for the GC.
As you said some of friends also mentioned the same about talking to lawyer. Only thing I expected in this time is peace of mind. This is the worst timing. We always wanted to welcome our baby with lots of joy and happiness. But this desi consultancy put me in this worst situation I never expected.

[jthomas]

Originally Posted by seekerofpeace

In the state of Mass delivery is covered by the State provided you show you don't have insurance. Millions of single moms are delivering and many are teenagers and many are w/o any insurance. Delivery is considered an emergency and you will be covered. Keep your spirits up and bear the storm.....it always gets darkest before you see light again.

All the best

SoP

I don't know about mass but nothing is free in US. 911 is also not free. 911 bills big amount to the insurance company or sends you a bill if you don't have insurance. If one is not able to pay it it goes to the collection agency or state or charitable trust. All these features are free for Illegals. So better have insurance.
As per obama's new rule, the company will pay 2/3 of the insurance and you will have to pay 1/3 of the insurance. The company will get the amount back as tax credit. In california the laid off person has to pay $100 for insurance and the rest will be paid by the company.
Regarding EAD you are in Status and you can apply for disability insurance from the state. your husband can work in EAD.
Don't stress yourself. Layoff is common these days.

[hpandey]

Hi Luckysiri

There are two things in play here.. first of all don't worry about the insurance since you can get covered under Cobra.

Secondly I think what your employer did was obviously illegal. It looks like you have been made a target for layoff due to your maternity leave coming up. I am quite sure that I have read about this at couple of places that it is unlawful to do so . I will try searching for it and you also go through your company's employee booklet. There are laws for protection in this kind of situation to protect the employee ( the employee can't be terminated while on maternity leave , disability leave etc ). Search for it and maybe you can come up with something.

You have worked hard for six years .. no reason to stand for the discrimination.

Best of luck

[luckysiri]

Thanks hpandey and apume. Your suggestions are very helpful. I will definitely take FMLA and take the leave for 3 months. Once the baby is born, I will try to get into new job ASAP.

I don't want anyone to be discriminated like me in the future. I know how painful it is as I am facing it now. I am hardly getting sleep and worried about my baby becoz of all the stress.

[sledge_hammer]

What a jerk your desi employer is. It makes me so angry that these scumbags are getting away doing these things.

First things first - deliver the baby. Take some of the suggestions given here by other members regarding insurance.

Once all this is done sue the hell out of your desi employer. There really isn't anything (I guess) you can do about your client. But you can definitely take your desi employer to court for terminating your employment. These guys deserve to pay a hefty fine and lose their business license!

Originally Posted by luckysiri

Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.

[lord_labaku]

There are more important things in life than job or money. One such thing is having a kid & having a family.

Good luck to you & your future baby.

[txh1b]

Originally Posted by kumar1

Bingo! I was about to say this -- Under COBRA, govt will pay 65% of the payment. I have been to this boat before and COBRA is extremely expensive (~1500 dollars a month for a family of 3).

Also, you need to talk to a lawyer! Desi companies....what can I say.... no company should terminate anyone in the 9th month of pregnancy.

Status wise both you and your husband are OK. Just make sure that both of you renew AP and EAD on time.

Good luck.

COBRA is applicable only if the employer has 20+ employees.

[h1b_forever]

I think we should start a Employer Hall of shame and nominate employers who are either cheating the employees or the Immigration system.

This will help future employees and the immigration community as whole.

I am not sure if there are any legal implication to starting something on IV on this

Originally Posted by sledge_hammer

What a jerk your desi employer is. It makes me so angry that these scumbags are getting away doing these things.

First things first - deliver the baby. Take some of the suggestions given here by other members regarding insurance.

Once all this is done sue the hell out of your desi employer. There really isn't anything (I guess) you can do about your client. But you can definitely take your desi employer to court for terminating your employment. These guys deserve to pay a hefty fine and lose their business license!

[luckysiri]

Originally Posted by h1b_forever

I think we should start a Employer Hall of shame and nominate employers who are either cheating the employees or the Immigration system.

This will help future employees and the immigration community as whole.

I am not sure if there are any legal implication to starting something on IV on this

Yes. It will be very helpful for the future employees falling into Jaws of the greedy employers.

I am in, I will fight for this cause whatever it takes to prevent this kind of descriminations.

[RNGC]

Just for sometime forget about everything....

Just try to be cool, listen to some nice music and relax.....job, GC, insurance etc should be secondary, you child is the most important thing for you now. Just be happy that you are blessed with the most beautiful thing in the world, a baby!

Good luck

[Marphad]

Originally Posted by luckysiri

Thanks ilikekilo for the information. My husband medical coverage will start on the same day of his joining date. There is no waiting period. We need to find out what kind of healthcare plan they are providing and check whether my hospital and OB is under there network.

Would you like to expose the employer's name?

[RNGC]

Originally Posted by luckysiri

Yes. It will be very helpful for the future employees falling into Jaws of the greedy employers.

I am in, I will fight for this cause whatever it takes to prevent this kind of descriminations.

I am impressed by you determination to fight this case, good luck....Try calling ABC/NBC TV directly (no emails etc) and talk about your situation. This case will get National attention considering the economy...