If I’m 8 1/2 months pregnent and my employer called saying that he has replaced me, what are my rights?

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If I’m 8 1/2 months pregnent and my employer called saying that he has replaced me, what are my rights?

I haven’t gotten paid for the last 2 weeks. I am not in his books; he pays me by the hour. For the months I worked he gave me a check which I deposited into my bank account. I gave my invoice to the accountant for the last 2 weeks and my boss calls me and says it is incorrect the hrs I claim should be less, which is not true and I do not agree. Also, I found out today that he is still using my name to send out emails to his clients.

Asked on August 9, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You should speak with an employment law attorney--you may have a legal claim or cause of action. The law prohibits discriminating against women because they are pregant; firing a woman because she is pregnant or about to give birth is illegal. It is possible to fire a pregnant woman for reasons wholly unrelated to pregnancy, such as poor performance (especially if it has been well documented), unexcused absences, violating company policy, etc.; therefore, whether or not you do have a legal claim depends on the specific facts, which is something you should discuss with an attorney. At the same time, you can discuss the paycheck related issues.


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