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Is it illegal to lay someone off who is pregnant?
Just curious, this is in the state of Virginia. If it is could someone please post the link that states so?
Thanks. I'm 19 weeks pregnant, was laid off at 18 weeks 6 days. Had told corporate about my pregnancy around week 12.
To add, I was the first one from my department laid off. If I call back in a few months and see that no one else from that department has been laid off, would I have a case? They stated to me that I was not the only one, and that "they really wanted to keep the people in the department you are in".
My main issue is my supervisor relied on ME to get things done and get it done right, and could not depend on the other coworkers to do the job tasked to them. It just frustrates me right now that they get rid of me first, and not the others, who's work ethics are seriously lacking.
To add again, I don't really have plans on suing, as I've been planning on leaving the job, it just happened a lot sooner than planned. I'm just curious as a friend asked me if it was even legal to do so.
11 Answers
- soulflowerLv 71 decade agoFavorite Answer
I feel for you and you are in my prayers but they can lay people off as they wish. They can even lay off people with certain disabilities and such.
As for you being the first, I have to say that there are people who fear maternity leaves. I am sure you would be responsible and such but there is just such irrational fear.
And sometimes everything is about money. When people lay people off they need to reduce staff and then there are all kinds of criteria (some "on paper" and others that have to do with personal issues) for them to do it.
BUT YOU need to concentrate on being happy and not stressful with your baby. As sad as this is, try hard not to let this bother you as much as possible. Stress hormones are bad for you and bad for baby.
Go immediately to apply for unemployment funds. Find out what you can do in terms of insurance and such.
Try to find another job or maybe just wait until after your child is born.
I hope you can be covered and I will be praying for you.
Congratulations, in any case.
- Artemis AgroteraLv 71 decade ago
It is not illegal to lay someone off who happens to be pregnant. If you were laid off BECAUSE you were pregnant, that might be a little different. But in this situation, you were laid off at least six weeks after you informed them of your pregnancy (so it's not like they immediately got rid of you) and you were laid off fairly early in your pregnancy (it's not like they waited until you were hugely pregnant and within a few weeks of giving birth). You would not be able to prove that you were laid off because of the pregnancy.
You say that you were planning on leaving your job anyway. Did anyone at your employer's place of business know this? If I needed to lay of an employee, the people at the top of my list would be anyone I thought or suspected was planning on leaving anyway.
- MuttLv 71 decade ago
Only if you can PROVE you were laid off because you are pregnant. But the burden of proof is totally on your shoulders.
But, if they did in fact lay off other people that are not pregnant, it will be practically impossible to prove you were discriminated against due to your pregnancy, and you probably are just another casualty of the sluggish (but improving) economy.
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- patrickLv 61 decade ago
You can not be fired for being pregnant.
However, you have to be able to prove in court it was the reason behind the firing. That may be diffcult to do.
- 1 decade ago
Call your local Labor Board and they will tell you what is legal in your state.
- MmedvinLv 41 decade ago
Pregnancy is not a free pass here. absolutely not and no it is not mean, it is business