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Can a pregnant woman be terminated becuase she was working in a construction site and there was no light duty for her?

Houston, TX |

Can an employer terminate a pregnant woman that was working in a construction site as a laborer and they did not have light duty for her? is that legal?

Attorney Answers 4

Posted

This would heavily depend on the facts and circumstances. You should contact a local employment attorney and discuss this with them in further detail.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/employattorney) or Facebook (http://www.facebook.com/WhiteRicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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Posted

Your question needs the evaluation of your attorney. However, if you do terminate her for being pregnant, kindly ask her to get on AVVO to look for a litigation Attorney in Houston....

Edward J. Kazaleh, Esq. www.kazaleh.vpweb.com Office 713-659-1000 or EMAIL: ek@bizlaw.pro DISCLAIMER: THE ABOVE INFORMATION IS NOT LEGAL ADVICE. THIS IS GENERAL EDUCATIONAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON AS ACTUAL LEGAL ADVICE. FOR0 LEGAL REPRESENTATION OR A CONSULTATION, PLEASE CONTACT OUR FIRM DIRECTLY. WE CAN MEET NEAR YOU IF NEEDED AND YOU ARE LOCAL-- EVENINGS & WEEKENDS MEETINGS ARE OK!

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Posted

Please see my response to your duplicate question.

Your question has been answered as a courtesy. This is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.

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Posted

At a minimum, assuming the employer has enough employees to be covered by the Family & Medical Leave Act, the employer would have to permit the employee to remain in a leave status for twelve weeks first. Perhaps she will be ready to return at that point. Assuming that does not cover the situation, the details must be reviewed with qualified counsel as there is a duty to accommodate the pregnancy situation when possible. Also, the employer will need to take care to not treat the pregnant employee worse than other employees who were temporarily incapacitated.

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