Is it legal to layoff pregnant woman 1 week before due date ?

[Anonymous]

My company is about to downsize bigtime. A lawyer in my office today asked me about my exact due date. Can they technically lay me off right now ? I think they can, just not while on FMLA leave right ?

Anyone know....want to know what to do if it happens since I wont have much time to think since I am on baby watch.

[Anonymous]

i think if they are laying off an entire department or something and it happens to be a week before you are due they can, but they can't single you out if I'm not mistaken. They'd have to show that they didn't single you out because you were pregnant.

[Anonymous]

Oh my gosh! The same thing happened to me last year (and they kept asking me the same question!). Yes-they can lay you off (as they did with me). No, they can't lay you off when you are on FMLA. The reason they are most likely asking is because they are considering to pay you while you are on STD (which they did with me).

[Anonymous]

I think so, as long as they're not laying you off because you're pregnant.

[Anonymous]

HR Person here: They can do it, especially if it part of a larger layoff. Your pregnancy is a litigation risk to them and it may be a way for you to negotiate more severance but they can certainly do it. Now if you are the only one being laid off or if they have a pattern of firing pregnant women that is another story.

[Anonymous]

This happens all the time. It happened to me when I was 8 months pregnant, and there was not only not a damned thing I could do about it, they wouldn't budge on increasing my severance b/c of my situation. Some companies LOVE to get rid of pregnant employees and layoffs are the easiest way for them to do it. If you think you're going to be laid off, you have two options. 1. try to negotiate before the actual layoff day. This is your best opportunity to "volunteer" to go and maybe get a better package. 2. Go on FMLA now. Get your doctor to write you out on STD immediately and then you're somewhat safe - at least until you come back from FMLA. Of course, I know a few people who were laid off while out on FMLA - it does happen, which sucks, but in the end, do you want to work for a company that behaves that way? I sure didn't. I found a much better job, make more money, and my severance ended up being more than the STD payout anyway, so in my case, while I'm still pretty bitter about all the extra stress they caused me at the end of my pregnancy and right after I had my baby girl, it worked out better for me. That same company is having more rounds of layoffs and at least I'm not left back there worrying about it.