Employer fired Pregnant woman.  Legal?
436356
hm firing seems a bit extreme, but in a place like a hospital where it's hectic all the time, i don't think they can afford to continue paying someone who'd be sick and unable to work? but firing her is a little bit.. over-the-toply harsh..
486477
There really is no such thing.  Every state is, to some degree, an employment at will state.  Unless you were fired for one of the following, you are likely out of luck:\n\n-race, sex, gender, religion, disability, national origin, and in some places sexual orientation;\n- taking or requesting leave to care for a serious health condition or a family member's illness, or for your own rpegnancy or adoption;\n- acting in concert with another employee to oppose unfair employment practices;\n- filing a claim against your employer for violating the law;\n- complaining to your employer or a government agency about violating the law\n\nEach of these has a cause of action, though not for wrongful termination.  Wrongful termination is a term used by non-lawyers or (typically) bad/uneducated lawyers.  Generally, it is very, very difficult to sue your employer for firing you.
70755
I think most states are "at will". Which means the employer doesn't need a reason to fire anyone. They just say, "it's not working out, I have to let you go."  It's very difficult for an attorney to fight for you. Unless you can prove with hard, hard evidence that you abused in some way. File for unemployment and see what happens because if you were fired, they have to pay you or fight it. If they fight it you'll find out why they really fired you. Most employees pay it, unless you were at fault.  Everything happens for a reason. You'll find something better that will make you question why you ever stayed there 8 years! Much Luck to you!
469980
There is no law that states they can not fire you over the phone. I would ask them, of course, why you are being fired. And find out when you can expect your final check and what monies will be included in your final check (unused vacation, sick, etc.). I would also find out when you can expect your COBRA, 401(k) paperwork. I would also ask them if they plan to contenst any unemployment claims that you make with the state. And what their employment verification policy is. Most companies only give title, dates of employment and salary if a potential future employer calls them for a reference. I would confirm that this is their policy. \n\nIf you feel you are being fired wrongfully, I would request a copy of your personnel file and contact an attorney.
528025
I am an employment lawyer.  Yes, it is illegal in Virginia.  Unfortuinately, you cannot sue without first filing with either the EEOC or the Virginia equivalent.  They will conduct an investigation (for free) and at the end, your wife will get a "Right to Sue" letter.  That is her ticket to file a lawsuit; without it, any case she files for pregnancy discrimination will be thrown out.  This Right to Sue letter will either say that a violation of law HAS occured or that they cannot find sufficient evidence to conclude whether a violation has occurred or not.  Either way, it is your ticket to sue, but generally a (good)lawyer won't take your case unless the EEOC found a violation.  \n\nYou should not be put off by the "months and months.'  A lawsuit will take YEARS in most cases; this first step requires very little involvement on her part, and in the meantime she should find other employment.  My advice is to go to the EEOC, file a Charge (they will help you) and tell them you want to "dual file" with the state agency.  For what it's worth (you don't need to know this), her claim falls under Title VII and the Pregnancy Discrimination Act, and there is probably a state law equivalent as well.\n\nFinally, be prepared that the hardest part will be proving that her discharge was related to her pregnancy.  Unless they said that, it will be hard.  They will only have to point to ANY other reason to meet their burden.  MOst large companies are sophisiticated enough to cover this base.  At that point, you must show that their reason is "pretextual" or a lie. The most common way of doing this is showing that others who did the same thing the company is citing as their reason did not get fired.  This is called the McDonnell Douglas burden shifting analysis and is used in all discrimination cases.  Again, you don't need to know this to file a Charge.
959293
I think everyone here is on the right track.\n\nYou need to contact the local Labor board and check on them. You may be able to sue him for the pay, the lack of a 2 week notice before termination, and lack of a in writing letter of termination outlying the reasons. May want to talk to a lawyer and see what the rights are in your county to see what you are able to do from here.\n\nGood luck!
7024
Basically, you have to not be breaking a contract by firing the person and not be discriminating against them by firing them. That is, you must have a reasonable reason for firing them other than their disability, age, race, color, religion, sex, or national origin. There may be additional protections based on state laws wherever you live.
243100
NO! It is not legal.....Is that what they told you when they fired you?? Go to your superior and ask if this is really true? They cannot legally fire you for that. I don't know of any employer in the U.S.A. that does not do a criminal check on prospective employees. Your DUI would have shown up at that time.\n\nYou have not been told the truth. This is very strange and you should take it further. It's not right.
510718
under certain circumstances you can get unemployment if you are fired.  Check with the labor board or unemployment commission
255993
It's not a question of whether or not it's legal, it's a matter of whether or not it's REASONABLE.  If your employer were to be sued for wrongful termination, the magistrate would have to consider whether or not they acted reasonably in firing somebody for having to use the toilet.\n\nPersonally, I would LOOOOOOOOOOOOOOOVE to have that case.  Cha-Ching!!!\n\nI find it impossible to imagine that a magistrate, let alone a JURY, would consider that to be a reasonable practice.
1155880
You need to speak to your supervisor on this matter. She shouldn't be -- pregnant or not-- treating a co worker the way she is. She is the trouble maker, you're not. Please ask someone in a higher authority for help. Perhaps even as another co worker to back you up on what is and has been said. Good luck and my best wishes to your grandfather.
345109
NO WAY they cant do that ie on the basis you are pregnant!!!! dont be silly\n\ndoesnt matter if you knew at the time or you didnt want to tell them when the job was offered.\n\nthe main thing is you have to be employed for a certain time think its 41 weeks in total thats from when you started to the week when your baby is due for you to be entitled to maternity pay if not then you can take your 26 weeks off without pay but u can claim from the DSS
1115477
You need to check what her company policy is.  Does she have PTO and Sick Days, or are they all rolled up in one?  If they are indeed two different days you will have to contact corporate.  If they will not do anything about it, write your local congressmen, and your attorney general for your state.  Then send a copy of both letters to the corporate offices and let them know that you are serious about this.
718447
It is when you are fired illegally.
117236
Get out of there before she does!!  Unfortunately, California is an "at will" state ... meaning she doesn't have to have just cause to fire you.
855401
I was an HR Director for about 10 years, although in California and Texas, not Washington. Anyhow, it's been a while, but here goes... Technically you were insubordinate and it is likely that the unemployment officer who officiates over the phone hearing will not believe that you meant anything else by saying d*ck in an e-mail (about someone who I presume is your boss). That said, I am wondering if they actually have your signature on anything that says that you are aware that "they" (your employer) have the right to read and monitor electronic mailings sent by you. Unless they (or you since you were the office manager) are very organized they may have trouble coming up with this paperwork. They need this in order to read your electronic communications and I would bring this up to the officer unless you know for sure that they have it and can easily access it. Also, I am wondering if there is any defense you might have with regards to why you said it or the context in which it was said. Additionally, has there ever been a time that you are aware of when "they" may have set a different precedent by not firing/terming someone based on this sort of insubordination? In other words, where someone else called  a manager a name of sorts, but were either not disciplined or disciplined without termination. I also have to wonder why your employer was able to read this e-mail (did someone show it to him or did you leave your computer on) and why he bothered to log on to your computer if that's what he did? Typically, I wouldn't do this unless I had it in for the person and usually that would mean a series of write ups (I'm a GM/PM now so I still have a number of reports and remember my HR days well). Unfortunately, most companies have a policy saying that they can terminate with no notice based on certain acts, one of which is insubordination. Still, I agree with you that he sounds like a jerk if this is all he had. He would have done better to call you in and find out why you felt like that, thereby trying to find a fix for the situation and gaining your loyalty if he succeeded. Good luck!
107563
Although you have heard some information about how the case was handled, it seems a bit unlikely that a worker would risk their job considering that paternity is easily proven or disproven with DNA testing.  What is their motive?\n\nIt seems like your best chance would be to file suit against the woman who made the false statements and not the agency/state. You might want to consider small claims court; however, it is unlikely you would ever collect even if you win without incurring additional expense and aggravation.  \n\nIf you have good, hard evidence against the worker, write a letter to the agency head with the details and any proof.  However if you are just out to get even, you might want let it pass.  It was a very unfortunate incident, but it is over, and pursuing revenge will not bring you any peace.  Put it behind you and move forward with your life.   Living well is the best revenge.