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I was fired from my job, and I believe it to be because I'm pregnant.

Philadelphia, PA |

I have an exit interview form stating that I was fired for not performing my job properly, but the job requirements do not state the specifics for which I was terminated. I am obtaining documents that prove that I was an overacheiving employee. I was fired less than 2 weeks after announcing the pregnancy. They are fighting Unemployment Compensation, stating that I "Quit due to health reasons involving pregnancy". Do I have a discrimination and wrongful termination case here?

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Attorney answers 3

Posted

It definitely sounds like something wrong is going on here. I would highly suggest speaking to an attorney with experience in both employment law and unemployment compensation. Please feel free to call me to discuss your situation.

Jennifer J. Hanlin
Attorney at Law
937 North Hill Drive
West Chester, PA 19380
610.431.2225 tel
484.631.0803 fax
www.jjhanlinlaw.com

Office locations in West Chester, Malvern, Radnor, Bala Cynwyd, King of Prussia, Plymouth Meeting, and Philadelphia

This posting does not establish an attorney-client relationship. Do not rely on this posting or any other website posting for legal advice. Instead, consult an attorney with expertise in this subject matter.

Posted

The exit interview is not required by law, nor is any statement of what the job requirements are. Pennsylvania is an at will state in which you can be terminated at any time for a good reason, bad reason, or no reason at all, BUT you cannot be terminated in violation of "public policy," which our courts interpret to mean violation of an express enactment of the PA legislature or US Congress.

In this case, it appears that the termination could have been motivated by your pregnancy, which would constitute a violation of the Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Law, as well as Pennsylvania's Human Relations Act. If you were still able to work at the time of firing, you would also be entitled to unemployment compensation.

Finally, if the employer was large enough, and you had been there long enough to be entitled to FMLA, the firing could violate that law as well.

As Jennifer (who is also a well-qualified PA employment lawyer) says, I would contact an employment lawyer as soon as possible to explore your rights under these facts.

Posted

Its good that you are obtaining documents that verify your performance. They will come in handy if you bring a discrimination action where you will need to show that the claimed poor performance reason is a pretext for discrimination. You should consult with an experienced employment attorney who can evaluate and assist you in pursuing this potential pregnancy discrimination.

Good luck,

Richard

Law Offices of Richard E. Yaskin
1040 Kings Highway, Suite 302
Cherry Hill, NJ 08034
856-667-7570
856-667-7573 - fax
ryaskin@njemploymentrights.com
www.njemploymentrights.com

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