Server says they were fired after taking time off due to miscarriage

A server says they were fired after missing work while miscarrying in a now-viral TikTok, urging viewers to encourage them to sue their employer for wrongful termination.

In a video posted by TikToker Samantha Lane (@sammielane9) on Nov. 18, the text overlay reads, “I just got fired because I had to take the weekend off to miscarry my baby.”

@sammielane9 rate im finna sue #fyp #wrongfultermination ♬ original sound – goldenbiscuit.tx

The video has racked up over 780,000 views as of November 22, with commenters encouraging Lane to sue her former employer for “wrongful termination”. According to an article in A Better Balance, pregnancy and miscarriage are protected conditions in several employee rights laws, such as the Pregnancy Discrimination Act and the Family and Sick Leave Act.

Other viewers shared their own experiences of losing their jobs for seeking care during a miscarriage.

“HR wouldn’t let me take time off for a bereavement because ‘there was no proof of death,'” shared one user.

“I miscarried in the bathroom at my old job and ended up in the hospital. Came back to no job,” said another.

In a follow-up video, Lane explains that they were able to get their job back after confronting their “boss” because their “absence was protected by the FMLA.”

“I was like, ‘Is there some kind of paperwork that gets filed when someone gets fired? And if so, could I get a copy of it?’ He said, ‘Sure. Where were you last weekend?’ I kind of got an attitude and I was like, ‘My kid miscarried,'” Lane says in the clip.

They go on to say that their boss said it was a “misunderstanding between management,” even though they previously discussed the situation with their female managers.

“I shouldn’t have said anything. I should have just gotten my paperwork from my doctor and sued,” they say.

@sammielane9 #Stitch with @samantha Lane Update on my job!! I’m still employed because my absence was protected by the fmwg. #fmla #wrongfultermination #fyp #sue #pregnancy #miscarriage awareness #AmazonSavingSpree #petsmart ♬ Original sound – samantha lane

The Daily Dot contacted Lane via TikTok comment.


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*Initial publication: November 22, 2022 at 7:35 p.m. CST

Rebekah Harding

Rebekah Harding is a freelance reporter for the Daily Dot. She has digital and print bylines in Men’s Health, Cosmopolitan, SheKnows and more.

Rebekah Harding Server says they were fired after taking time off due to miscarriage

Jaclyn Diaz

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