Firing Pregnant Helper due to other reasons?



ORIGINAL POST
Posted by exeter 19 yrs ago
This is tricky. Does anyone know if this can be done without opening up a whole can of worms? Let's I have on good authority that my helper has had male friends over to our home without permission, or has been sneaking out at night, or has stolen money from me...can I dismiss her while she's pregnant without having to pay for her maternity leave and medical expenditures?
 
 
ED's Note - you can also contact the Labour Department to get advice on this matter 

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COMMENTS
july8 19 yrs ago
dear exeter,

is your helper married or having the baby from her housband?

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geiboyi 19 yrs ago
You can, yes, but you'd want to be very careful that she doesn't interpret your reason for firing her as being her pregnancy. When did these other things happen? If they happened a while ago but are only considering firing her now (since you have found out) then you are on shaky ground I would say.

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exeter 19 yrs ago
Yes, she's married. Her husband's back in the Phils so I'm pretty sure she's got someone on the side. Not that it matters to me. I don't care that she's having a baby...that's her right, but I just can't stomach it that she sneaks out at night. What if she's so tired one day from being out all night that she does something to endanger my children? That's what I'm really worried about.


Anyway, I've decide I'll keep her on until her contract runs out (over a year from now) unless she does something really stupid.


I've checked the Labor Department's website. They don't address whether it's okay to terminate a worker who's pregnant for other issues.



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john5023 19 yrs ago
Why don't you have a chat with your helper and tell her that you will terminate her if she ever does what you believe she has done again... Why suffer in silence? You have every right to expect your helper doesn't sneak out at night.

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july8 19 yrs ago
dear exter,

you mean your helper is not having this baby from her housband?

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geiboyi 19 yrs ago
I'm not sure that it makes much of a difference to the employer whoever the father of the baby is...

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july8 19 yrs ago
Dear geiboy,

there is a difference:

if the helper is not having this baby from her housband she can terminate the helper giving explanation to the immigration that she don't want her kids witnessing such an immoral situation going on in her house........

Honestly speaking if you are an helper or not is not seen as moral to get pregnant from someone that is not your housband.......unless you are divorced...

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geiboyi 19 yrs ago
How do you know the immoral part was happening in her house?

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july8 19 yrs ago
hello!!!the immoral part is the growing belly!!Honestly. if you are catholic ,u won't be happy to explain your child that your helper is having a baby not from her housband!

this give you a valid reason to justify the termination:IMMORALITY

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geiboyi 19 yrs ago
Why would she have to explain this to her children?


Oh, and I'm not sure that 'IMMORALITY' is a valid reason for terminating an employment contract. I would be rather upset (and straight down the Labour Dept) if my boss fired me for that reason.


(I had a baby without being married. I don't think it was immoral. I will be happy to explain this to my son when he is older.)

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july8 19 yrs ago
dear geiboy,

first of all different people have different vieuw for their own life


but if you are a domestic helper the labour department say that one of the reasons why an employer can terminate the contract is if the helper misconducts herself.....


And to some people like me getting pregnant from someone that is not your housband is seen as misconduct...


by the way good luck with your baby!

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geiboyi 19 yrs ago
Thanks.

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joyfulone 19 yrs ago
So, what happens after she has the baby? Does it live with you and your family? Does your Amah go back to the Phils? just curious...

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qotcha 19 yrs ago
I don't think you can fire her. Why? It is in the Labor Law that you can't fire a pregnant helper but it is also written that you can fire a helper for misconduct like sneaking out at night unless you permit her to do so.

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