I was placed on medical leave as a result of my pregnancy. it has been two months. In this time I have been removed from employee group messaging, removed from the call list of employees, and my locker at work has had my name removed and it appears as though I am no longer an employee. I was told I was on "medical leave" until further notice, but never given a termination notice, however I have been replaced at work. A year ago, another employee was placed on medical leave and none of this happened to him as a result of his injury, he returned and was never taken off the payroll. My only issue is that I am pregnant. do I have a discrimination case?
Employment / Labor Attorney
In general terms, to prove such a claim, you must show,
1. you are a member of a protected class (which, as a woman, you are);
2. you were subject to an adverse employment action;
3. you were performing your job at a level that met your employer’s expectations;
4. your position was filled by a person outside the protected class, or alternatively, by someone who is similarly situated in your ability or inability to work who received more favorable benefits.
It appears that you have a possible pregnancy discrimination claim. I suggest that you find a local NELA attorney to assist you in assessing your claim.
Herbert Tan, Esq.
The Mack Cali Building
One Bridge Plaza North, Suite 275
Fort Lee, New Jersey 07024
305 Broadway, 14th Floor
New York, New York 10007
Member of National Employment Lawyers Association (NELA)
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
2 lawyers agree
Family Law Attorney
Have you actually been fired? Are you able to return to work and have you attempted to return to your duties? Is there an employee handbook that defines "medical leave"?
You have a possible discrimination case if you have actually been fired for a discriminatory reason.
See link below.
The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.
Administrative Law Lawyer
You don't have even a potential claim unless and until you are ready and capable of returning and your employer denies you the right to return. If your employer needs to get the work done while you are off, that is not at your disadvantage and does not create any actionable rights for you.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
Employment / Labor Attorney
The facts you provided raise and inference of possible discrimination because of your status as pregnant. Generally, in IL, an employer must have 15 or more employees to be covered by the Pregnancy Discrimination Act or Illinois Human Rights Act. Our firm routinely assists individuals with these types of claims. Feel free to contact us directly for a telephone consultation.