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Woman sues employer over heavy work after newborn dies

By Associated Press


ATASCADERO, Calif. >> A California woman is suing grocery chain Albertsons for denying her doctor's orders to avoid heavy lifting after her premature baby died.

The San Luis Obispo Tribune reported Saturday that 30-year-old Reyna Garcia worked as a general merchandise manager whose job required heavy lifting and climbing.

Albertsons officials declined comment on the case but said they proactively accommodate pregnant workers.

Despite three doctor's notes that said Garcia had a high risk pregnancy and shouldn't lift more than 15 pounds, the lawsuit alleges her employer denied requests for lesser duties or a temporary switch to another department.

In November, Garcia asked to leave work because she was feeling tremendous pelvic pressure while 20 weeks pregnant. That night she gave birth to a baby girl who died 10 minutes after delivery.

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hikine wrote:
If the doctor recommended her not to do heavy lifting why didn't she refuse management to do otherwise? She could've gotten fired but then she could've sued back citing discrimination and a viable baby would've been born.
on July 6,2013 | 03:24PM
islandmom wrote:
When you're pregnant, nothing is more important that the health of your baby. But if she had quit her job, what about the health insurance that she needed to keep that baby healthy? And after reading in this paper just last week about how some women on the mainland may even be working and have employer-insurance but that it may not cover maternity costs (could be $30,000!), then this pregnant woman may not have been able to afford to buck her boss. It's a horrible tragedy, obviously; I can only imagine that this woman was faced with a terrible set of options. Being pregnant is scary, and we can't know what she faced that made her decide to go along with her boss and risk her baby's health. I'm sure she regrets it, but we can be understanding about what her situation might have been.
on July 6,2013 | 05:00PM
niimi wrote:
on July 6,2013 | 05:50PM
hikine wrote:
Well, she has to prove that heavy lifting was the actual cause of death which will be difficult to prove. The story leads to believe that she was 20 weeks pregnant when she delivered and not near full term Qutting and being fired is totally different. She coud've gone up the ranks to be heard even contacting Human Resources. Unfortunate but she has to take care of herself first and deal with management afterwards. There are ways to go over your boss, just go to his boss!
on July 7,2013 | 12:53AM
bigisle wrote:
Prove almost nothing rather.....three physicians had certified her need.....a fetus is deemed viable at 20 weeks so the 'full term' argument won't hold up.
on July 7,2013 | 09:22AM
ISCREAM wrote:
And yet abortion is legal after 20 weeks?
on July 7,2013 | 02:33PM
cojef wrote:
Couldn't she have taken maternity leave since she had a high risk pregnacy? At any rate, looks like Albertson is hooked. Appears accommodations could have been made. Notice the ethnic name, could be more problems for Albertson.
on July 6,2013 | 04:47PM
onevoice82 wrote:
You shouldn't work and have kids anyway. If you do life in the right order you don't have these problems.
on July 6,2013 | 08:04PM
itsok wrote:
No class or empathy. Your mother obviously didn't teach you.
on July 6,2013 | 08:36PM
onevoice82 wrote:
Yes, my mother did teach me everything! She didn't abandon me to go to work, she actually raised me. It is the working moms that have no empathy because they obviously do not see the bigger picture and the harm they are causing their children. If you were given the choice to come back as an infant raised by your mother or a day care worker, which would you choose? I thought so!
on July 7,2013 | 07:10AM
bigisle wrote:
why sure, stay at home, starve yourself and your fetus/child while you're at it......maybe your mother lived on the state dollars or your father (that you don't mention) made plenty of $$$$ ......which, if so, you are in the fortunate minority.....to look at your 'handle' would suggest you were either 'born' in 1982 or you graduated from school.....in either case, you'd be far too young to understand reaganomics and the disaster his role played upon working society...you're green behind the ears.
on July 7,2013 | 09:29AM
aieanani wrote:
What an ignorant thing to say.
on July 6,2013 | 10:06PM
onevoice82 wrote:
Not ignorant, just truthful, and the truth hurts doesn't it aieanani? If your screen name reveals your profession, then I understand why you made such a statement. Does it mean Nanny in Aiea?
on July 7,2013 | 07:13AM
bigisle wrote:
no, blindly ignorant......
on July 7,2013 | 09:30AM
bigisle wrote:
yeah, today's world is a 'mirror image' of the 1950's/1960's.......what a ridiculous comment to make!
on July 7,2013 | 09:24AM
bigisle wrote:
ethnic name?.......the group you refer to were here long before the white settlers......I hope she nails them good and proper to send a message nationwide!
on July 7,2013 | 09:38AM
ISCREAM wrote:
I guess she bears no responsibility...such is the nanny state.
on July 7,2013 | 02:36PM
IAmSane wrote:
There are many employers who don't offer maternity leave (or even vacation days or sick leaves). If you don't work, you don't get paid.
on July 7,2013 | 11:04AM
mikethenovice wrote:
She still did the job. She should have listened to herself and walked away. No one had a gun to her head.
on July 7,2013 | 04:51AM
bigisle wrote:
having no paycheck/health insurance is a gun to your head.....
on July 7,2013 | 09:32AM
ISCREAM wrote:
How do you know that she did the job...you are taking the socialist news for being the truth. I guess the employer bears all responsibility and accountability...
on July 7,2013 | 02:37PM
mikethenovice wrote:
I'm not a doctor, but how can lifting heavy objects harm the fetus?
on July 7,2013 | 04:53AM
bigisle wrote:
you're right, you are NO doctor......look up PIH for starters before you make dumb comments.
on July 7,2013 | 09:31AM
ISCREAM wrote:
For hundreds of years women have born children and worked hard....and you are no doctor either....
on July 7,2013 | 02:39PM
mikethenovice wrote:
On the other hand, too many employees are afraid of losing their job for not listening. The Republicans who are on the managements side should allow the Democrats too pass more laws that will protect the bottom rank and file. President Clinton made the first step with the Family Leave Act. America needs to vote for the Democrats for a more work place friendly environment.
on July 7,2013 | 04:57AM
DAGR81 wrote:
Get some sleep...if that will help clear your mind.
on July 7,2013 | 06:53AM
bigisle wrote:
now you're talking straight, mike
on July 7,2013 | 09:34AM
ISCREAM wrote:
Of course you should inject the politics of Dems vs Repubs....one only need look at the ACA to know that it is a jobs killer. Many mainland companies (mostly small manufacturers) are having to cut hours and employees to remain viable. It will eventually catch up to those of us dependent on tourism.
on July 7,2013 | 02:41PM
sayer wrote:
This is so sad. I'm sure the woman needed the job to survive and with a baby on the way she couldn't afford to risk getting fired and losing health coverage.
on July 7,2013 | 06:29AM
onevoice82 wrote:
This is a lesson for other woman to learn from. No sex till you are married to a man that has a stable job that will support you while you raise your children at home. Period, end of story!
on July 7,2013 | 07:15AM
bigisle wrote:
your mother should have taken the pill.....that's obvious!
on July 7,2013 | 09:34AM
Perez808 wrote:
Sad to hear that she lost her baby, but if she knew she had high risk pregnancy, she should have taken care of her self physically and asked to be transferred to a job which would not put her baby at risk.
on July 7,2013 | 09:19AM
ISCREAM wrote:
So after a little investigation...this happened in November of last year. The doctor waited 5 days from the time she reported symptoms to the time that the baby was born...even though there was evidence that Ms. Garcia was losing amniotic fluid...the baby was also presumed to be brain damaged and the lady has a history of premature births and miscarriage. Even though she had this history she took no precautions to protect her baby because she needed the money...her husband is gainfully employed. Women's rights groups are pushing the litigation.
on July 7,2013 | 02:54PM
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