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Does being pregnant cost your employer more when it comes to your health insurance? was I terminated because of my pregnancy?

Vicksburg, MS |

Majority of the states in the U.S. are at will states... To my knowledge companies still have to abide by there policies and procedures regarding disciplinary actions . I was brought into the office by my store manager and loss prevention supervisor they made me aware that an employee called the the Loss prevention hot-line and stated that I was making long distance phone calls. they showed me a call log where it showed, I did make a long distance phone call... I was told I was to receive a written up. I came back from my lunch break and I was being discharged from the company. I was the assistant manager, I was 5 months pregnant at the time. The same night my health insurance was canceled by the company...

Attorney Answers 2

Posted

You are correct--many states operate under an employment-at-will structure. In that sense, the company can fire you for the long distance call. Whether it was pregnancy discrimination in part may depend upon whether others who made long distance calls were simply given a written warning, or were fired. If you have such evidence of others (non-pregnant employees) being treated more favorably, then you ought to speak with an attorney about your options.

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Joel Efrem Cohen

Joel Efrem Cohen

Posted

You are correct--many states operate under an employment-at-will structure. In that sense, the company can fire you for the long distance call. Whether it was pregnancy discrimination in part may depend upon whether others who made long distance calls were simply given a written warning, or were fired. If you have such evidence of others (non-pregnant employees) being treated more favorably, then you ought to speak with an attorney about your options. --------- Original Message --------- Subject: A New Employment / Labor Question Has Been Posted on Avvo

Posted

To add to Mr. Cohen's comment, you may also contact the local EEOC office if you believe your termination was related to your pregnancy.

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Asker

Posted

If I may ask what type of evidence do I need? I let the store manager know that employees were complaining that another manager was using the companies phone hours at a time. He said he would look into it. Nothing ever happened. I am of a different race than that of the other assistant manager and the store manger... Is that good enough eveidence for discrimination. Could I possibly have a case? Does it affect me in any way that it happened last year may 2,2012?

Mishka L Marshall

Mishka L Marshall

Posted

The biggest issue that you have right now is the timeliness of your claim. For race discrimination cases filed under Title VII (which is the federal law that bans discrimination based on race, national origin, sex, and religion), you have to file an EEOC charge first. Typically, the EEOC charge must be filed within 180 days or 300 days of the discriminatory act (depending on what state you are in). Even if you live in a state that uses the 300 day deadline for filing an EEOC charge, the May 2012 date puts you well beyond that 300 day deadline. This would be true for the pregnancy discrimination claim. However, there is another federal law that you may be able to use for the race claim. Please contact a local employment attorney (I am only licensed in Arizona) to discuss your facts and get some advice on the timeliness of your claim as well as whether the facts support claims for race and/or pregnancy discrimination. Good luck.

Asker

Posted

Thank you kindly.

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