i got fired from my job

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

i got fired from my job

I got fired from my job 2-3 months ago and I got fired a week before going on FMLA for my first child and I got fired for being minute late back from break.

Asked on December 27, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You may very well have a case: employers cannot retaliate against women for being pregnant (that is considered sex-based discrimination, since only women become pregant) or against employees taking FMLA leave (the law specifically bars retaliation for using this legally guaranteed benefit). Firing you on what seems to be an incredibly flimsy pretext certainly appears to be illegal discrimination and/or harassment, and you should contact the state department of labor to complain and FMLA retaliation, and possibly also the federal EEOC and/or the state's equal/civil rights agency about sex-based discrimination. (Unfortunately, FMLA is overseen by the labor dept. and discrimation by the EEOC and any other civil/equal rights agency--while you can ask the first agency you contact if they can help you with all the issues, you will likely have to speak with & file complaints with two agencies.)
The employer would only seem to have a defense in this case if they can show either or both of the following:
1) They take an incredibly hard line on break lateness and have in fact fired other employees for the exact same thing; and/or
2) You have a history of coming back late (or being late to work generally) and have been warned, and this was just the "last straw."
That is, they would need to have evidence that your firing had nothing to do with you being pregnant or requesting FMLA, but rather that you would have been fired in this circumstance despite that.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption