What is my employer determine my eligibility for unemployment benefits?

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What is my employer determine my eligibility for unemployment benefits?

After telling my employer that I was pregnant, I started receiving write-ups. In them it was stated that I had a performance issue with errors and stated that if I messed up again, it would be grounds for termination or loss of unemployment benefits. Can an employer make such a statement when the DOL determines my unemployment eligibility?

Asked on September 26, 2019 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They have the right to make the statement: if they do, you have the right to try and refute or disprove it.
But more importantly, if they started writing you up only after you told them you were pregnant, they may be engagin in illegal disability-based (pregnancy is considered a disability for this purpose) discrimination or harassment against you and you may have an anti-discrimination claim. Contact the federal EEOC or your state's equal/civil rights agency about filing a complaint. Filing a complaint may also help you in an unemployment appeal, since it will help establish that their allegations against you are based on discrimination, not your actual performance.


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