Could I have a lawsuit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 7 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.