I WAS WORKING AT A CAR DEALERSHIP FOR A YEAR. I WAS THE FLEET FINANCE ASSISTANT. I WAS 5 MONTHS PREGNANT WHEN THEY LET ME GO. THEY TOLD ME THE REASON WAS BECAUSE SALES HAD DROPPED. WHICH I WAS TOLD BY MANY INCLUDING MANAGERS THAT IT WAS ALWAYS SLOW AROUND THAT MONTH. I HAD A FALL OUT WITH THE CONTROLLER ABOUT A MONTH BEFORE MY LAYOFF AND AFTER THAT SHE MADE MY LIFE IMPOSSIBLE SO I KNEW IT WAS JUST A MATTER OF TIME BEFORE SHE FOUND A REASON TO LET GO OF ME. BEING THAT I WAS 5 MONTHS PREGNANT I COULDN'T GET ANOTHER JOB. IS WHAT THEY DID LEGAL?
This is an Employment Law matter and I changed the practice area to so specify.
You will have to get around the seasonal lay-off evidence.
If you could prove you were terminated because you were pregnant, it would be an unlawful action by the employer. However, being pregnant does not insulate you from a termination based on reasons that are completely unrelated to you being pregnant. So, if you were terminated because you had a falling out with the controller, that would not be an unlawful termination. Nor would being terminated for business falling off. However, if you could prove those were not the real reasons for your termination, but instead you were terminated because you were pregnant, or because you were going to be entitled to protected leave to have the baby, you would have a meritorious claim.
Good luck to you.
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It is illegal to terminate an employee BECAUSE the employee is pregnant. But your pregnancy does not insulate you from business decisions that would have been made regardless of your pregnancy.
In other words, in order to successfully bring a claim against your employer, you will need to prove that you were terminated because of your pregnancy, rather than because of a lack of work or because you had some personal issues with other employee(s).
You should speak with an employment attorney regarding your situation, particularly any evidence you have that you were terminated because of your pregnancy.
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