A human resources (HR) worker shares the moment she confronted a manager for firing a pregnant worker who “no-call, no-showed.” Other working mothers say the scenario is all too familiar, experiencing the same issue when accessing their maternity leave.
In a video with over 2.2 million views, TikToker Aunt Bri (@aunt__bri) sits at her desk wearing a headset. The TikToker, who also works in HR, frequently goes viral for reenacting shocking scenarios she encounters on the job.
“I do see in the system that you processed the termination for her and you identified it as a no-call, no-show,” she says. On-screen text indicates that the manager says the company policy is to terminate workers after two missed shifts if they don’t call with an explanation.
However, Aunt Bri quickly identifies an issue with the manager’s decision.
“Well, she’s pregnant, right?” she asks. “Wouldn’t the assumption be that she had the baby?”
The manager admits that the worker told them they were going to the emergency room a few days prior. However, when the worker failed to follow up, the manager decided to terminate her.
“I feel like a jump to termination is excessive,” she tells the manager.
Can you be fired for having a baby?
Aunt Bri goes on to inform the manager that the worker had her baby and logged into the HR system to trigger her maternity leave. The worker was confused when she discovered she had been fired.
“If you have an employee on maternity leave who tells you they’re going to the hospital, you got to double check to see what’s going on before you initiate a termination,” she tells the manager.
Pregnant workers are federally protected in the United States by laws like the Pregnancy Discrimination Act (PDA) and the Pregnant Workers Fairness Act (PWFA), according to the U.S. Equal Employment Opportunity Commission. These laws prevent employers from retaliating against workers who seek pregnancy-related medical care or file for maternity leave. In other words, the manager can’t fire the pregnant worker for missing shifts to have her baby without facing legal action.
The manager asks Aunt Bri why the pregnant worker gets a pass to miss two shifts without calling in.
“It’s not realistic to expect an employee to be in constant communication or to reach out,” she says. “I don’t even know if she has a support system there who could have called you.”
Aunt Bri informs the manager that she plans to “wipe the termination from the record” and allow the worker to start her maternity leave.
“When she gets back, I think let’s all just move forward,” she says.
She tells the manager that they will have to complete additional training and will receive a formal write-up. While Aunt Bri reenacts all her viral confrontations, she clarifies in a comment that the company fired the real manager behind the situation that inspired her video.
“Legal termed him a few days later. They checked on the employee, collected documentation, and then fired him. He had a few other complaints on file, too, so it was an easy decision,” she writes.
How did other workers react to the termination?
In the comments, other workers suggest that the manager’s mistake could have sent the company into a costly legal dispute. Many criticize the manager’s lack of empathy or concern when the pregnant worker didn’t call.
“The lack of empathy for the employee by the supervisor was really something special!” one writes.
“My gut reaction if an employee tells me they are going to the hospital and don’t return my calls is to find out if they are OK, not rush to terminate. No empathy at all,” another says.
“Oh yes, the first thought when you go into labor after already telling your boss is ‘let me submit my PTO real quick,'” a third remarks.
@aunt__bri #corporatelife #hr #reenactment #corporatetiktok ♬ original sound – aunt__bri
Other workers who have given birth say they encountered similar situations.
“This happened to me. I’ll just say it was a costly mistake for the company,” a commenter shared.
“I let my manager and HR know I was being induced on a certain date. It took 3 days for baby to come. HR kept calling me and my husband during labor to tell me until the baby is out my leave doesn’t start. The nurse took the phone and yelled at her,” another wrote.
“This happened to my sister when the doctor cut her hours from 40 to 20 hours. Fired her on the spot. She got an attorney who happened to have worked at the EEOC previously. She got unemployment plus a settlement,” a third viewer said.
The Mary Sue reached out to Aunt Bri via TikTok direct message and comment.
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