QUESTION
Can an employer terminate you after you have a doctor’s order for bed rest while pregnant?
Asked on Mar 15th, 2013 on Labor and Employment - Indiana
More details to this question:
I was terminated due to my high risk pregnancy I had a circulate put in and I was off for nine days and the day I was to return in the afternoon after coming from my follow up appt. My doctor had informed that he could only get a half of stitch in my cervix and he was placing me on bed rest for the remainder of my pregnancy for the safety if the baby and myself so I called my job to inform them and the manager was like when are you due so I let her know and she was like we will call you back and then they said they were planning to terminate me due to tardiness which unemployment saw right through that one because I won my claim I have proof that they have held another employees position for her when she was out on bed rest for her high risk pregnancy.
4 ANSWERS
Yes, you may be terminated for this, unless a pregnancy is protected under handicap discrimination. I do not think it is covered, but I do not know for sure. I know of no law that protects you during a pregnancy or illness.
Answered on Mar 17th, 2013 at 11:15 PM
It sounds like you have been wrongful terminated due to disability & pregnancy discrimination. However, more facts are necessary to determine that.
Answered on Mar 17th, 2013 at 9:29 PM
Elder Law Attorney serving Hollister, CA
at
Charles R. Perry
Update Your Profile
You may have a pregnancy discrimination claim. You need to speak with a plaintiff-side employment lawyer, who can gather more facts and provide you with specific advice. You should also act quickly, as your statute of limitations is running. A claim for pregnancy discrimination must be filed with either the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission, and the time limits are not very long. You need to act on this as quickly as possible, before it is too late. The official DFEH website is located at http://www.dfeh.ca.gov/ It can provide you with more information about filling a discrimination claim. Again, you should contact an employee-side employment lawyer for assistance.
Answered on Mar 17th, 2013 at 8:36 PM
Rabeh M. A. Soofi
I am very sorry to hear about what has happened to you. It is illegal in California for employers to discriminate or retaliate against their employees because of pregnancy, maternity status, and most recently, breast-feeding, or any other medical condition. I would strongly recommend you have an attorney review the facts of your particular case with you, pull from the employer a copy of your HR file, and investigate whether you have been the subject of pregnancy discrimination, and if so, bring your claim on your behalf.
Answered on Mar 17th, 2013 at 8:26 PM