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Can I sue an employer for wrongful termination while pregnant?

Brooklyn, NY |
Filed under: Employment

I was fired for my employer while pregnant. I was in and out of the hospital for a pregnancy related illness, with documented proof. My supervisor came to me and said it is understood as long as I have proper documentation I would be fine. Couple weeks later. I was fired because the supervisor thought I forged a doctors note, which was later on proven to be legit, and advised that she didn't know I was pregnant or sick.

Keep in fact she's made some bad comments about me being pregnant.

I even gave permission to call the doctor to verify to which she stated "That is not her job" and she stated that to the Department of Labor to which later on she retracted her statement, but the Department of Labor had the message recorded.

Can I sue for stress and loss of work/wrongful termination?

She also asked me to then become a part-time worker to which I refused and stated "The company doesn't care about your pregnancy, their interest is making money, and if your not on board, you need to go" Even though I was one of their best workers. It is believed I was fired because of my pregnancy because in 99% of the cases the employer verifies doctors notes with calls. The forged note was an excuse.

Attorney Answers 3

Posted

There are many criteria that will go into whether your suit will be sucessful, including, but not limited to, how long you were there, how many employees work at the location and what your hard objective proof is that you were fired due to your pregnancy. It sounds like you were a good worker there, so if your reviews were positive and you were suddenly fired during your pregnancy that may be indicative that you were discriminated against. We have succesfully handled many pregnancy discrimination cases in New York, so feel free to call us 24/7 at (800) 910-0529 to discuss your matter. We offer free consultations. Best of luck to you during the remainder of your pregnancy!

Please note by answering this question there is no attorney-client relationship formed. I am not your attorney. Nothing I said in this reply can or should be relied on. In order to rely on counsel's advise you must retain that attorney and receive representation or an official opinion letter. This is neither and meant to be for general informational purposes. Your case has specific nuances that goes beyond what you wrote and what I answered and you must speak directly with counsel to advise you of your rights. Please note I am only giving advice in the jurisdictions I am admitted (NJ, NY, PA). In any other jurisdiction I am discussing the law in general from an academic sense and not state specific rights. You should consult with a lawyer in your local jurisdiction.

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Posted

Of course, you cannot be fired just because your are pregnant, and you do not mention the possibility of any other reason. It seems the allegedly forged note was also related to your pregnancy. As such, I strongly recommend you consult with an attorney to review all the facts and circumstances of your situation to determine whether they would support a lawsuit. You can search among the attorney profiles here on Avvo. Good luck!

IMPORTANT LEGAL NOTICE: Ms. Brown’s response to the question above is not legal advice and it does not create an attorney-client relationship. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual. If you would like to obtain specific legal advice about this issue, please contact an attorney in your state. Ms. Brown is licensed to practice law in New York. If you would like to contact her directly for a legal consultation, you may do so by calling 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com

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Posted

Discrimination against pregant women in the work force is a serious matter, and in many situations is protected by the law. It is possible that you have a claim for their efforts to terminate you, especially if it can be shown that the termination came as a result of your pregnancy.

You should speak to an experienced trial attorney immediately. I would suggest that you demand a free consultation with an attorney to fully understand your options.

This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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