If I was fired today and I do not think it was fair, what can I do?

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If I was fired today and I do not think it was fair, what can I do?

I am 10 weeks pregnant and my job knows this. I have taken a few doctor excused work days off. Today due to morning sickness my boyfriend called my job telling them I was over the toilet and I would be a little late. The a.m. manager told me to call her at 2 pm and let her know if I felt up to coming in. 5 minutes later they called back and he answered they told him its not working out with me and for me not to come back in. Is this allowed? I never got a verbal or written warning.

Asked on December 7, 2011 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sex-based discrimination, which includes discrimination against women due to pregnancy or child birth, is not allowed. So you may not be terminated because you are pregnant.

On the other hand, you may be fired if you violated company policy or were excessively absent. So, for example, whether or not you had a doctor's excuse for the work days off, if you did not have sick days to use and did not take FMLA leave (to be covered by FMLA, your company must have at least 50 employees and you must have worked there for  a year), then you may have been improperly absent...or if work policy required you to call personally, or call in with more notice than you provided, that could be a violation.

So you may not be fired due to being pregnant, but could be fired for policy violations. If you feel your termination was improper, you should consult with an employment law attorney--you may be entitled to compensation.


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