What to do if I am pregnant and the week before my due date my employer let me go?

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What to do if I am pregnant and the week before my due date my employer let me go?

I have all appropriate FMLA paperwork filed. I’ve been with the company over a year and it has 50 employees or more.

Asked on April 21, 2012 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You should speak with an employment law attorney; there is a good chance you have a legal cause of action for--

1) Illegal discrimiantion--the law prohibit discriminating in employment against women on the basis of pregnancy; and/or

2) Violation of your rights under FMLA, or retaliation for using FMLA leave.

It is *possible* the termination was legal, if there was some reason for it unrelated to preganancy or FMLA leave--for example, if it was discovered that you had embezzled; you violated some company policy; your department was being downsized--but based on the timing, it is reasonable to believe that the termination was pregnancy or FMLA related, and that therefore, you may have a cause of action. It is well worth your while to explore this possibiltiy in depth with an attorney; good luck.


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