Former T-Mobile Employee Claims Management Forced Her to Clock Out for Restroom Breaks

A T-Mobile employee claims she was subject to pregnancy discrimination by management at a call center in Nashville, according to ABCNews. Kristi Rifkin, 40, told ABCNews that she never had a problem working at T-Mobile until she became pregnant for the second time. Rifkin’s doctor told her to expect frequent urges to use the bathroom, which is not abnormal for pregnant women.

“They give you two 15 minute breaks and a 30 minute lunch,” said Rifkin. “If you can’t take care of your biological needs in that time period, you don’t go.”

Rifkin said her manager asked her to provide a note from her physician explaining her need for frequent bathroom breaks. Rifkin reluctantly complied and had the doctor’s note cleared with Human Resources at T-Mobile. Management accepted the note, but informed Rifkin that should would need to clock out to use the restroom if it did not coincide with her lunch or 15-minute breaks.

“I ended up using my vacation time to use the restroom,” said Rifkin, who claimed her blood pressure increased and she began drinking less water than her doctors recommended so she would not have to use the restroom as frequently.

Rifkin took time away to deliver her son—the Family Medical Leave Act requires employers to provide 12 weeks of unpaid leave. When she returned following his birth, she was terminated for failure to make a change on an account for a customer, on which her commission was 12 cents.

Does this sound like a wrongful termination? T-Mobile may have a lawsuit on its hands.

There is more information on pregnancy leave on our website. Call our firm today at (310)273-3180 for a free consultation.

Kesluk, Silverstein & Jacob—Los Angeles pregnancy discrimination attorneys