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Started a new job 28 wks pregnant , worked for a month, and had baby early 32 wks now I have no job. Discrimination?

Royersford, PA |

I was hired knowing I was pregnant, and in my interview we discussed me working from home during my maternity leave. They said ok. After working for a month I went into labor. My baby is currently in the Nicu and I told them I could come back to work till he was able to come home. The baby being gone a min of 3 wks to a max of his due date may 12. I was a temp to perm hire, but told them I was able and willing to work till the baby got out , and then at home after. I only missed 7 days of work.Is this discrimination, and because I was willing to go back today 3-24-2014 and work for the remaining time my baby was in the Nicu, do I have a case?. I just feel this is so wrong.

Attorney Answers 1


  1. I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

    That being said, there is a big difference between wrong and illegal. If you are treated differently than other similarly situated employees based on your gender or pregnancy, you may have a discrimination claim. As you've only been there a month, you may have no real way of obtaining evidence to support your claim. You may have a misrepresentation claim, but it's unlikely due to PA's employment-at-will doctrine. You won't have a Family Medical Leave Act claim, as you haven't been an employee long enough to qualify. You would have 120 days to file your state discrimination claim(s), so you should speak with an employment attorney ASAP.

    /Christopher E. Ezold/

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

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