What is my legal recourse if I was fired from my job while7 months pregnant and it was not due to poor job performance?

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What is my legal recourse if I was fired from my job while7 months pregnant and it was not due to poor job performance?

I am currently a nanny. Due to the fact that the family I work for doesn’t want me to bring my child to work with me I will be resigning after the birth of my son. However they decided to give me 2 weeks notice, terminating me 2 months early, to find another nanny so their schedules won’t be inconvenienced by my delivering in the middle of the school semester and holidays. Is this legal? I was expecting and counting on that income as previously discussed with them. They also are forcing me to sign a contract stating I will not sue them.

Asked on August 14, 2011 Minnesota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to find out whether the pregnancy anti-discrimination laws in your state apply to both W-2 employees and independent contractors. Generally, W-2 employees enjoy benefits unavailable to independent contractors or workers for hire. If you are not W-2 employee, then you probably don't have much of a suit and if you signed a contractor with your former employer, you need to look at the details to see if the couple could fire you with or without cause for any reason and if there are specifics about your pregnancy. Bottom line, you probably do not have a claim but before you quit this line of questioning, look deeper into the items I mention and see if you have the ability to file for unemployment as a result and if you have any possible claim for wrongful termination.


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