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Rights to terminate pregnant employee
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Rights to terminate pregnant employee
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have an employee that has been with our company for less than her 90 day probation period. She is now pregnant and is missing a lot of work and is not keeping up with her job duties. Are we within
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Forums » Topic Forums » Legal Forum » Rights to terminate pregnant employee
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Rights to terminate pregnant employee
posted at 11/3/2009 4:20 AM EST
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Posts: 36
First: 6/15/1999 Last: 12/8/2010 |
We have an employee that has been with our company for less than her 90 day probation period. She is now pregnant and is missing a lot of work and is not keeping up with her job duties. Are we within our right to terminate her due to missing so much work or will there be complications due to her being pregnant? |
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Rights to terminate pregnant employee
posted at 11/3/2009 4:37 AM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Remove the pregnancy from the situation.
Now evaluate her regarding attendance and performance. IF, she is not performing to standards AND you have terminated the employment of other "probationary" employees for the same reason you should be relatively OK. I would add that while not required, documented counseling regarding her poor performance and attendance would be a plus. Of course nothing can ensure she won't file a claim or suit but your defense becomes that it was performance based, she wasn't eligible for any type of LOA due to her being in her first 90-days of employment. Do not mention pregnancy other than to confirm your position that pregnancy had nothing to do with her termination. |
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Rights to terminate pregnant employee
posted at 11/3/2009 5:56 AM EST
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Posts: 15
First: 9/2/2009 Last: 12/16/2009 |
Unless, the stff can bring a doctor note for disability due to pregnancy which is causing or will cause the absenteeism..right? she doesnt need any minuimum workdays to qualify for PDL. She has to be informed of her rights about PDL. despite that, if she fails to bring any note or has these attendance and performance issue, then with proper documentation, she should be treated as any other employees would be treated in the situation.... |
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Rights to terminate pregnant employee
posted at 12/22/2009 5:18 AM EST
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Posts: 9
First: 6/1/2004 Last: 12/22/2009 |
I agree with HRPro about not referring to the pregnancy as the reason. The employee does not qualify for FMLA protection so it should be treated as an attendance or performance factor. I would weigh in to ask about the company culture and if they have dealt with absences of probationary employees in a consistent manner. The employees on the floor could turn this into âThe big bad company against the poor little employee trying to get aheadâ and hurt your moral. If the employee is well liked and performs to expectation, by retaining the employee you may gain additional respect from the group and loyalty/commitment from the new employee. |
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Rights to terminate pregnant employee
posted at 12/23/2009 4:53 AM EST
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Posts: 3
First: 8/5/2009 Last: 12/23/2009 |
You shouldn't be seeking legal advice from strangers. A wrong move could bankrupt your company and cause you to lose your job. Go consult your attorneys. Title VII is a delicate tightrope to walk and you really need sound legal advice...not ours |
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Rights to terminate pregnant employee
posted at 12/23/2009 7:14 AM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
jtboise did someone put something in your breakfast cereal this morning that upset you. The collective experience of the primary posters in this community is extensive. You will find, if you participate more than 3 times, that the advice on this forum is better than almost any other forum including SHRM. For the most part I'd take advice from here before an attorney. This group does know when to refer someone to appropriate legal counsel. |
Forums » Topic Forums » Legal Forum » Rights to terminate pregnant employee
