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Fired for being put on bedrest?
im 35 weeks pregnant and my doctor put me on bedrest for high blood pressure. my job fired me because i havent been there for a year and cannot go on fml is there anything i can do? unemployment or sue
14 Answers
- Anonymous1 decade agoFavorite Answer
It depends on where you are. OK - I live in Texas, and Texas is an 'at will' state. This means that an employer can fire you for any reason at all, and not get in trouble. For the same purpose, an employee can quit, for any reason. An employer does not have to give a reason, or even have one for firing you. To qualify for unemployment, you have to be 'actively looking for employement'. That is very hard to do when pregnant. Also, you have to be 'able to work', which you are not right now being on bed rest. You could file, but if they find out that you did not disclose you are on bedrest, they can make you pay back whatever money you are awarded. I would not chance it if I were you.
- Mommy to BoysLv 61 decade ago
I just answered your other question, and it kinda angers me that people will start spouting off all of this stuff that they have no clue about.
If you do not work for a company that has at least 50 employees or you have not worked there for at least 12 months they CAN fire you for going on medical leave because you DO NOT qualify for FMLA. In your previous post you said that you only worked there 10 months, so they did have the legal right to fire you and you cannot sue. You also cannot collect unemployment because you are not physically able to work. Unfortunately there is nothing you can do about it. I know exactly how you feel, as I haven't been able to work since 31wks and my bills are starting to get very behind. I did a ton of research and contacted a few lawyers and got this same answer everywhere I turned. I'm sorry that you worked for some jerks. Like I said, I know the feeling.
I wish you the best of luck and congrats on the baby. To me my son is worth all the debt in the world, and I'm sure you'll think the same in a couple of weeks!
Source(s): Due today with 2nd boy, Gavin Cole. In the same boat you are... - 5 years ago
You can't legally be fired for being put on bedrest unless you have a contract with your place of employment. For example if you just started working there. If you didn't go through the proper channels to be put on medical leave they could also fire you, like if you just kept calling off or stopped showing up. You should be able to get unemployment but you also need to speak with an attorney.
- 1 decade ago
Depends on where you live, if you live in a right to work state they can fire you for anything. For your pregnancy, which legally I still don't believe they can, but they can say its for something else. I know thats how Oklahoma is, you can get fired for any reason or for no reason, I don't believe they even have to give a reason.
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- Anonymous1 decade ago
I think that you could get unemployment if you have worked long enough. They should not deny it because your doctor ordered you to be out. If you can provide a letter from you doctor and take it with you when you apply for it.
- Anonymous1 decade ago
I live in Nevada and its a right to work state, and our FMLA is only good for 3 months so I know that would be legal for them to fire you here.
- Sicilia shinesLv 61 decade ago
i would try getting umemployment for the time being seeing that you were fired. i just wouldn't tell the agency about the pregnancy.
what you can do really depends on where u live. if the company you work for is really small, they can fire you to fill the position.
but like i said it really depends on where you live and where you work.
good luck.
- Kayleighs MommyLv 51 decade ago
even though you havent been there a year they cant fire you b/c you have dr's orders to be on bed rest, you need to read up on what you can do, what your rights are in your state. I would definetly sue them
- 1 decade ago
Get unemployment and check into a lawyer to see what they say! Did they not offer you any kind of maternity leave?
- Anonymous1 decade ago
you should talk to a lawyer because that's discriminating against you plus is an illness that could turn life threatening that is no reason to fire you they cant do that, they chose the wrong reason to do it , you need to seek advice