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QuirkyPotato
QuirkyPotato
Stealth

AITAH? Fired a lady after maternity.

Am I the asshole?

After a few months clear to me an employee was taking company for a ride. Average a few days a week in the office, otherwise sick/on errands, delivered no work. CTC 55L.

Before I could fire her, she announced she was taking Maternity leave a few months into the job. Well crap guess I need to pay her for 6 more months more because of laws I don't understand. Rip my bank account.

She returns, same issues. I put her on a pip & she resigned telling me I'm sexist and it will be hard to find a new job now. I say sorry, performance was bad, she can do pip and stay if things are better. She askes for 2 months salary and i agree.

A lawyer calls telling me I need to pay more or they will file a case. Said I discriminated to her, and it's not legal.

I think this person is a bully/psycho/self entitled. But am I the asshole?

15mo ago
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FluffyPanda
FluffyPanda
British Petroleum15mo

Thats how things play.
Sometimes things are genuine sometimes u come across opportunists. You can never fully get to know what is the actual situation.

She might have genuine problems but if the conduct aint good, to hell with it.
She might be faking it to retrieve more money,

QuirkyPotato
QuirkyPotato
Stealth15mo

She definitely had a kid! That I know at least.

FluffyPanda
FluffyPanda
British Petroleum15mo

Things happens man!
Pregnencies can be as easy as if nothing happened for some women. For some, it might be full of complications and issues and what not to another extremes.
I am seeing first hand. Not every pregnency is same.
They can be very tough to deal with and we men cant even comprehend it. So its okay.
She probably did that as her body wasnt fully recovered and women face a lot of discrimination at large in companies. The moment employers get to know about pregs, they fire them by giving false performance issues. Its a known thing. Problem is, its a grey area. Some genuine dont work, some by the situation. Know one can know. She spoke to lawyer just to save her job.

BouncyBagel
BouncyBagel
Google15mo

Yes you are. As a manager you should pay regard to the changes your employees are having in their personal lives and discuss their performance accordingly. You failed to do your job when you didn't discuss her performance while she was pregnant. It was not like you didn't know she will be going on maternity leave. In your post you made it sound delibrate.

That conversation would have made her vigilant about her performance and assured you if she was dedicated. You did leave her in a big mess, it would be hard for her to find a job.

QuirkyPotato
QuirkyPotato
Stealth15mo

Bringing up performance after someone tells you they are pregnant sounds really bad, emotionally for them and also probably grounds for a discrimination case.

So yes, I didn't say anything until she was back and issues came up again.

BouncyBagel
BouncyBagel
Google15mo

Firing someone just after they had a baby for issues that were going on since a year is worse. It's much difficult for them to have this conversation now.

As a manager you had to take a hard call. But the way you do it and when you do it matters a lot. You saved yourself from one uncomfortable conversation and directly blamed her.

ZoomyJellybean
ZoomyJellybean
Stealth15mo

Your primary problem is paying high salary 55L to a person who wasted time & money of the company. Never hire women at high paying posts until they are the only one who know how to build the technology.

PeppyMarshmallow
PeppyMarshmallow
Stealth15mo

Why mention "never hire women" specifically? Like all high paid men are capable enough and more?

BouncyBagel
BouncyBagel
Google15mo

So skill wise women need to stay at cutting edge of technology if they want to get hired at high paying posts. Same is applicable to men as well, right?

MagicalQuokka
MagicalQuokka
Stealth15mo

Nope, you're not (only if things actually played out as you've shared).

It seems like you're being deliberately bullied in a well-planned manner. Consult a lawyer even if you end up giving in to their demands - they might keep attempting to extort more.

QuirkyPotato
QuirkyPotato
Stealth15mo

Above is my perspective on what happened.

If a person was not aware they are doing a bad job until a pip comes it sucks. but I don't think I broke the law.

she was super nice to everyone, nobody wanted to be the bad guy and tell her anything. I tried to be empathetic, but I'm just a single guy what do I know about being a mom.

GoofyPancake
GoofyPancake
Microsoft15mo

It is a managerial failure in that case. Her manager should have hinted/said directly/explained in detail/ scolded in that order for at least 4 1:1s before the PIP. PIP is like 1 step above firing

PrancingUnicorn
PrancingUnicorn
Sony India15mo

A lot of comments here seem very ignorant about the toll pregnancy and giving birth takes on new mothers. And then there is postpartum to consider.
If you do not understand about it, consider talking to new mothers around you.

DizzyBanana
DizzyBanana
Zomato15mo

Lot of companies talk so much about women in tech but don’t support women against people like @incognito who have no clue about life/pregnancy in general . In fact I am so sad that the hr and company ceo allowed this to happen. She should book them also.

QuirkyPotato
QuirkyPotato
Stealth15mo

We have other women on the team who seem to manage fine after having kids.

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by QuirkyPotatoInvestor

Update: Firing an employee after maternity

Last month I posted about firing a female employee after maternity that created a debate: https://share.gvine.app/fdu9iQyCrQP6Ehn89

For anyone interested in how things turned out, here it is...

TLDR: Employee/new mom filed an FIR, ...

Top comments
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Thank you for this closure. Though it is about perspectives, business is also side that needs to be taken care of. ...

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Now in every background check of that lady this case will come up and it's a huge red flag for her with future employ...

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Honestly, as a lawyer, I'd say this was handled very well by you Maybe the women's commission scolding could've ...

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