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Terminating a Pregnant Employee
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Terminating a Pregnant Employee
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have an employee that has been with our company for 1 1/2 years. During that time, her attendance has been an issue-she misses alot of time, to the point where she has exhausted all of her available
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Forums » Topic Forums » Legal Forum » Terminating a Pregnant Employee
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Terminating a Pregnant Employee
posted at 1/17/2010 12:17 AM EST
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Posts: 3
First: 1/17/2010 Last: 1/28/2010 |
I have an employee that has been with our company for 1 1/2 years. During that time, her attendance has been an issue-she misses alot of time, to the point where she has exhausted all of her available vacation and personal time and has had absences that are unpaid. She is now pregnant and obviously is continuing to miss time as a result of her pregnancy (morning sickness, cold/flu, etc.). Prior to becoming pregnant, she had been counseled verbally on her attendance. Her work is satisfactory at best and her absences have put a strain on her department. We are at a point that we would like to replace her given her history and now with this situation. I realize that pregnancy needs to be removed from the equation and we had made the decision to move forward with replacing her immediately before she informed us that she was pregnant. Her pregnancy complicates out intended action. She is in her first trimester and we are located in CT. What is your advice on this matter? |
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Terminating a Pregnant Employee
posted at 1/17/2010 6:18 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Her pregnancy is indeed an issue if she's missing work due to doctors appointments/morning sickness, etc.
This looks bad. While you made the decision to replace her before you knew she was pregnant, you only decided to make a move after you knew she was pregnant. That will not play well in front of a jury if it ever gets that far. I suggest you find an attorney to help you with this one. Is your employee eligible for any FMLA or state PDL protection? What documentation of warnings do you have? |
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Terminating a Pregnant Employee
posted at 1/21/2010 5:33 AM EST
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Posts: 11
First: 6/16/1999 Last: 4/21/2010 |
Nork is correct. The jury will hear the lawyer telling them that your company accepted the poor attendance for a year and a half and only decided to do something about it when the employee became pregnant. The spin will be that the company fired the employee to avoid the medical costs.....and if there are no previous documented disciplinary actions telling her that her job is at risk, the jury will believe it. |
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Terminating a Pregnant Employee
posted at 1/25/2010 10:55 AM EST
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
On the face of these facts, it does look like you are firing her for being pregnant, which you correctly point out, cannot be.
Basicaly the PDA requires you to treat a pregnant employee like any other. Firing her now would look especially hinky if you have other employees who have similar attendance habits whom you have only coached verbally and are still employed. You would have some rough sledding in any sort of hearing, in my opinion. |
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