I was terminated after I went on maternity leave. I am not protected by fmla or eeoc since the company is so small, we do not have enough employees. Are there any options for me?
I'm sorry that you are going through this. You may need to look at the terms of your employment contract, there may be some protection within the contract itself. Also, you may have a "wrongful termination" lawsuit under Texas common law, so you might consider that. You should consult with an employment litigation attorney to see what you might pursue to get some money from this case.
This answer is not "legal advice" and should not serve as a substitute for the advice of an attorney who is licensed in your applicable jurisdiction. The statements provided herein are for informational purposes only and the recipient of these answers assumes all risk and expressly agrees to seek the advice of the appropriate counsel for his or her situation. Should any formal legal advice be sought, the recipient should contact our law firm at the appropriate phone number or email address.
In addition to FMLA, there is also the Pregnancy Discrimination Act of 1978 (“PDA”, 42 U.S.C. 2000e(k)). Under the PDA, an employer with 15 or more employees may not discriminate against a pregnant employee, or potential employee, solely on the basis of her pregnancy. Here are links to Federal and Texas websites which provide additional information regarding laws which related to pregnant employees.
If, after reviewing the information in the links provided, you feel your employer discriminated against you illegally, you should consult an employment attorney regarding your situation, without delay. Good luck.
Your question has been answered as a courtesy. This is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.
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