Is It Legal for My Pregnant Friend to Be Fired One Week Before Maternity Leave Eligibility? #PregnancyDiscrimination #MaternityLeaveRights #UnfairDismissal
My pregnant friend was terminated from her job just one week before she was eligible for maternity leave. She had been with the company for nearly 10 years and was a high performer, yet they put her on a Performance Improvement Plan (PIP) shortly after she became pregnant.
Here are the key points to consider:
Details of the Situation:
– Pregnant friend was fired a week before maternity leave eligibility
– Top sales representative in the company
– Put on a PIP despite no issues with performance
– Severance package is below industry standards and tied to a separation agreement
Challenges Faced:
– Limited time to sign separation agreement with legal stipulations
– Unemployment a week before baby is due
– Previously signed a no obligation for severance
– Company has unlimited PTO policy
How to Take Action:
1. Seek Legal Advice: Consult with an employment lawyer to understand your rights and options.
2. Review Severance Package: Evaluate the terms of the separation agreement and consider negotiating for better terms.
3. File a Complaint: If there are indications of pregnancy discrimination, consider filing a complaint with the Equal Employment Opportunity Commission (EEOC).
4. Document Everything: Keep records of all communications, performance reviews, and any discriminatory actions taken by the employer.
By taking these steps, your friend can explore options to address the unfair treatment she has experienced. Remember, it is essential to seek professional advice and support during this challenging time. #EmploymentLaw #PregnancyRights #LegalAdvice
Contact the EEOC.
This is probably a stupid question but I’m gonna ask anyway, what was happening in one week that would have qualified her for maternity leave? I feel like 10 years of employment should’ve been sufficient unless you’re saying she didn’t work the required 1250 or something hours in the last 12 months. This poor thing.
NAL and not legal advice. She should seek advice on what’s her best option for her current need. Even if she thinks she has a case, these things can drag out for quite a while. She may need the money offered more than she would like to gamble for a settlement.
Companies aren’t required to give severance, so she doesn’t really have bargaining power there. Being pregnant does not give an employee a waiver from being dismissed, and it sounds as if they put her on a PIP before they may have even known she was pregnant unless she told them as soon as she found out. No one here will know what the company had documented against her, and she honestly won’t know for a fact what performance conversations were had with her peers. If the termination is specifically because she was pregnant, it’s illegal. She can file a claim with the EEOC/DEFH. But it will be on her first to establish that the termination was done because she was pregnant not just while she was pregnant. She can also file for unemployment for income.
Edited: grammar
Pregnant people can still be terminated for cause. As long as the reason for termination was not due to being pregnant itself. Most likely your friend isn’t being honest about her work performance which led to a PIP. Companies don’t put out unnecessary PIPs and make additional work for themselves for no reason.
The legal paperwork is 100% normal. Nothing odd about that. Severance is an individual company policy, they also don’t have to offer any severance.
How large is the employer?
What did this PIP state and how long ago was it?
I suggest she take it and the severance agreement to a local attorney asap.
Short answer is she needs to contact the EEOC.
But something seems off here. How big is the company?
It’s strange they’ll term a trail blazer for taking maternity leave. Mat leave happens all the time. Is she the only person in the last 10 years to request it?
When did she announce her pregnancy? And when was she issued the PIP?