Could I have a lawsuit?

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Could I have a lawsuit?

I got pregnant and my Dr put me on a 25
pound weight restriction. I worked at a nursing
home at the time. So I turned it in to my boss
and she jumped on to me for not calling in. She
told me to clock out and go home that she
couldn’t let me work. So, could I have a lawsuit
even though she didn’t specifically say ‘your
fired’.

Asked on March 27, 2017 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Did you miss work without calling in (and without using any paid time off to cover it)? If so, then yes, you could be fired for that (or if not formally fired, sent home and given no more work, which is the same thing): unexecused absence is a valid reason to terminate someone.
On the other hand, if you did not miss work or did but followed policy, then terminating you or not giving you work without a good cause may be illegal sex based discrimination due to your pregnancy (because only women get pregant, discrimination due to pregnancy is held to be sex discrimination against women). If you think this was the case, contact the federal EEOC to look into filing a discrimination complaint.


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