#PregnantEmployeeRights #EmploymentLaw #NYLaborLaws
Are you facing a sudden job loss shortly after announcing your pregnancy? Feeling confused, frustrated, and unsure about your rights and next steps? You’re not alone. Many pregnant employees find themselves in similar situations, wondering whether they’ve been treated unfairly and if they should seek legal advice. Let’s delve into your situation and explore the options available to you.
### Unpacking the Situation 🤰
You’ve dedicated years of hard work and commitment to your company, climbing the ranks to a senior Director role. However, your world was turned upside down when you were informed that your position was being eliminated, despite your positive performance record. The timing of this decision, right after announcing your pregnancy, raises red flags and leaves you questioning the fairness of it all. While you were offered an “enhanced severance package,” the lack of clarity on whether your pregnancy influenced this decision has left you feeling undervalued and uncertain about the future.
### Understanding Your Rights 🤔
Under New York labor laws, it is illegal for employers to discriminate against employees based on pregnancy. The sudden termination of your employment following your pregnancy announcement raises suspicions of potential discrimination. As a pregnant employee, you have rights to protect you from such unfair treatment, including potential legal recourse. Consulting with an employment lawyer can help you navigate the legal complexities and determine the best course of action based on your specific circumstances.
### Evaluating Your Options 💡
While the offered severance package may seem generous at first glance, it’s essential to assess whether it truly reflects your contributions to the company and compensates you fairly for the abrupt end to your employment. Seeking legal advice can provide valuable insights into the potential options available to you, such as negotiating for additional compensation, reinstatement, or pursuing legal action for discrimination. Remember, advocating for your rights as a pregnant employee is not about being greedy – it’s about ensuring that you are treated fairly and justly in the workplace.
### Moving Forward with Confidence 💪
As you contemplate your next steps, consider the impact of the sudden job loss on your financial security, health insurance coverage, and professional reputation. While taking legal action may seem daunting, empowering yourself with knowledge and support can help you make informed decisions about your future. Remember, you deserve to be treated with respect and fairness, regardless of your pregnancy status.
In conclusion, it’s crucial to address any concerns or doubts you may have about the circumstances surrounding your job loss after announcing your pregnancy. Consulting with an employment lawyer can provide clarity on your rights, options, and potential outcomes, empowering you to make informed decisions that align with your best interests. Remember, you are not alone in navigating this challenging situation, and seeking legal advice can help you assert your rights as a pregnant employee in the workplace. Stay strong, stay informed, and advocate for the fair treatment you deserve.
Consulting with an attorney is never the wrong option, but if other people were laid off, there may not much meat on the bone.
Do NOT threaten, mention, or say “lawyer” or you will shut down all conversation with your employer. Just take your agreement to an attorney and ask their opinion.
Are you or any of the others age 40 or older?
>I should note that it seems about 5-10 people in different departments were laid off. Mix of people at my level and slightly above. Media company of about 1500 employees.
This factor would cause me to discount the potential value of any suit and any estimate of its likelihood of success. If high-rank, long-tenured people are being cut, that does point to evidence of cost cutting.
Also, if you are already receiving ~ 9 mo. salary + COBRA, any litigation would have to net more than that amount to be worthwhile. What if you hired an attorney and ended up with 12 months + COBRA? What do you have left after attorney fees? And how does suing your former employer impact your ability to reenter the workforce later?
On the other side, I *think* the risk of loss would be the entire severance and COBRA amounts.
(But I’m not in HR so maybe there’s something I’m missing.)
Did they actually state that the position would be eliminated? Because you then mentioned that they said that they would be filling the position with a more experienced person.
I would talk to a labor attorney and the EEOC. It can’t hurt. The size of that severance and the timing are a little sus for me.
Edited because one question was already answered in the post.
It’s illegal to fire someone BECAUSE they’re pregnant…it’s not illegal to fire someone who happens to BE pregnant. You were among several people affected by layoffs. Not sure what legal basis you’d have.
It sounds like your position was eliminated and they may be restructuring and need a higher level person in a newly created job that also does the job you had been doing. I doubt an employment lawyer would do much-it sounds like really bad timing. I can’t say for certain, but you should qualify for unemployment since it was a reduction in force, though your severance pay may influence the payments you’d receive.
Often, they will have you sign your severance offer showing acceptance which would greatly impact your ability to sue them. Also, if you have signed an arbitration agreement. You can still file a lawsuit but it’s way more difficult to move it forward in your favor with a signed agreement.
It sucks timing wise and I’m sure it has added a ton of stress to your plate, knowing that you won’t have a job post baby. BUT you have a good severance package that includes insurance coverage and that is more than what a lot of people get and will set you up for less stress in the next several months. Take it as an extended and paid family leave. Work on your resume and network pre-baby and when you’re ready post baby, start the job hunt. Talking to a lawyer would more than likely just add more stress.
It can’t hurt to consult with an attorney. But I will say that in my experience, this is a decent severance and at the end of the day you might not net more than that after attorneys fees. See if you can get in front of an attorney ASAP and get their take on if they feel they can net you more than you’ve already got. While it would be great, in principal, to sue the heck out of them, you also have to decide how much of your life you want to dedicate to this. A suit could take a year or more and it’s kind of a nightmare. It’s VERY emotionally taxing and I personally wouldn’t want that in my life when trying to also welcome a new baby. (Congrats on the little one BTW)
You are in one of the best states in the country to sue bc they specifically have pregnancy discrimination. Definitely consult a lawyer.
To be frank, there is nothing in here that leads me to believe you’d win a suit of any kind. You’re being offered a pretty good deal and as much as it sucks I don’t think you’re likely to get more out of a suit other than lawyer fees when you don’t win.Â
Congrats on the baby.
Reading over your post, this sounds like bad timing and cost-cutting measures. Especially since you are not the only one being affected. It sucks, but not a solid case for a lawsuit. The severance package is actually quite generous.
My advice:
Do not mention to your employer that you may consult a lawyer. That could potentially make them not so generous in what they will offer.
Read over everything that you are asked to sign very carefully. There may be a Nondisclosure agreement or legal waiver that would cause you to lose your benefits if you do attempt to sue for more. Or at the very least an agreement to the terms of severance that would kill any lawsuit in an: “OP agreed to these terms, Signed the acceptance, Game over.”
39 week severance and 9 month COBRA for an 11 year gig? Yeah, that’s more than fair. They’re bending over backwards to treat you with dignity and respect.
If you sue, you get nothing now and it’s entirely possible you’ll lose and get nothing forever.
> I’ve been a huge asset to the company and helped generate significant revenue
If this is accurate, they likely would have tried to move you to another area if that was even remotely possible. Most companies don’t just fire employees to make a significant amount of money for them.
I’ve seen a standard be 2 weeks per year, so around 20 or 21…and you were offered 39 plus 9 months health insurance? Sounds pretty generous already.
You choice is to turn it down and try to sue, but that will take time and energy that you might not want to use at this point.
The fact that you were one of a group in the same level or above makes me think you were already in that group prior to them knowign you were pregnant. These decisions don’t happen overnight.
Just as a clarification to one of your points. The severance will be *withheld* at the supplemental rate not *taxed*.