Being let go for being pregnant

[Anonymous]

Wait wait wait... There is a lot of misinformation on this thread. Let me see if I can straighten it out...

First, MAKE A COPY of the ad he placed for your position, and save it at home (along with any other documents showing that you told him on Friday, and he started advertising on Monday). This is your security... and frankly, I would LET him advertise the position FIRST, get your copy, and THEN go straighten him out.

It is illegal to discriminate against a woman on the basis of pregnancy. This is part of Title VII and the "Pregnancy Discrimination Act". It has NOTHING to do with the FMLA (which may not apply to this employer if he indeed only has 6 employees). And it DOES apply to this company.

He cannot fire you, and replace you, on the basis that you are pregnant, or that you WILL be out at some point after the baby. As others have said, if you have accrued sick/vacation leave, you can take that (within reason), and he's legally obligated to let you do that. It may not get you 6 weeks, but that is unfortunately your situation.

Now, FMLA is a whole different issue. If in fact he is 6 employees, it probably doesn't apply to him. What this means, is that you have no RIGHT to take maternity leave, and have your position HELD for you while you're out. So, he could still fire you for absentee-ism if you insist on taking 6 weeks, and you only have 2 weeks of accrued sick leave. But this is AFTER the baby. He is obligated to keep you on until you go into labor (or for whatever reason can no longer do the job), unless there is some other job performance issue.

The fact that he is advertising your job the day after you told him you're pregnant is your KEY and irrefutable evidence that your pregnancy is THE reason he's decided to let you go.

So, to reiterate, here's what I would do.

1) get a copy of that ad.
2) Wait. If he actually starts interviewing people or makes noises about pushing you out the door prematurely, inform him that you are ready and capable of working, and want to stay up until your due date.
3) If he tells you that "won't work" for him, gently inform him that he cannot legally do that, and hire a lawyer. You should be able to get a good letter from a lawyer for not too much money, and that should convince him to wait until the baby comes before firing you.
4) Double check with Montgomery County... they may have some other laws that would provide more job security or FMLA-type rights.

[Anonymous]

Op again. I've always worked for small, non-profits and am constantly aware of their bottom line. A lot of them just survive. This whole thing has made me rethink that. I honestly never understood till this thread that larger companies are safer to work for if you're a mom. It's really sad. I know many people won't believe this, but my boss isn't a jerk. He's really a nice guy who's entire life is his organization. He truly believes in the work they do, and so do all of us, but I guess he feels he has to do whatever is in the best interest of the organization. I will take all the advice here and sit down with him later today. Thanks everyone.

[Anonymous]

Keep us posted. A similar situation happened to me, but the big difference was that I was part of a huge layoff due to budget cuts. I could not prove that I was laid off because I was pregnant. Thankfully, the company managed to meet my needs, but not after I put up a fight.

The PP was correct-it sounds like you are being replaced because you are pregnant. Illegal. If you like the guy and he is truly clueless that what he is doing is against the law, sit-down with him as you are planning on doing and lay out a plan on how your pregnancy will not cause him the distress he thinks it will cause.

Some points to consider: you are planning on working until your due date (of course, this may not work out this way but it shows your intentions); you are planning on returning to work after the baby, you would like to take your alloted leave but are flexible with how it is taken. Can you take two or three days off a week and then have your husband or a relative watch your baby while you go into work? Can you work on weekends? Can you work from home-partially? Can your husband apply for FMLA and he stay home while you go to work? Of course, these options get tricker if you are planning on breastfeeding.

I wish you the best. I can totally relate to the stress you are experiencing. Please let us know what happens.

[Anonymous]

I would just like some more info on this boss who "isn't a jerk."

What kind of organization dose he run? What is the mission?

I just can't figure out what type of person could dedicate his life to helping others and then can an employee for getting pregnant.

[Anonymous]

Interesting. After reading different posts on this forum I ask this question (I know I am going to get flamed for this).

How would your answers differ if the "boss" was a mom and the OP was a nanny?

[Anonymous]

Anonymous wrote:Interesting. After reading different posts on this forum I ask this question (I know I am going to get flamed for this).

How would your answers differ if the "boss" was a mom and the OP was a nanny?

You do have a point. The same arguments could be applied towards anyone who works for a smaller company or a family as a nanny. I'm the OP and it just sucks when it's happening to you. I just feel bad for ANY WOMAN in this society who has the nerve to get pregnant. So many other countries have better ways of dealing with family issues. We're slowing catching up. But yes, you are going to get flamed....so go buy the marshmallows now so you can make S'mores!

BTW... I've now talked to my boss and laid out a plan and it's looking more promising. Thanks for all the great advice. I am much less panicked now.

[Anonymous]

Interesting. After reading different posts on this forum I ask this question (I know I am going to get flamed for this).

How would your answers differ if the "boss" was a mom and the OP was a nanny?

How about instead of flaming you, we ignore you for trying to hijack this thread 8)

[Anonymous]

[Anonymous]

14:05 poster here. Not trying to hijack this thread. It is completely relevant. I have read mom's saying on here that they could not afford to keep a pregnant nanny, that they would hire somebody else, that it would inconvenience them. All the same or similar things that OP said. Yet I would bet those same mom's would come out on this thread in support of the OP saying it was wrong to say she would have to leave her job (be fired).

And I bet some nanny's are reading this thread saying - "I have been in this situation".

[Anonymous]

[Anonymous]

Can you get short-term disability? I heard from my sister-in-law that in California, women can get this following pregnancy. Since Maryland is a relatively progressive state, perhaps you can look into it.