Terminated for having baby

During the last week of my maternity leave, my boss called me at home to inform me that he was going to have to "let me go" because " with the baby we don't feel that you'll be able to give us everything we need". Is this legal?

1 answer  |  asked Oct 3, 2002 11:29 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
You may have maternity leave rights.

An employer is expressly prohibited from terminating you for becoming pregnant. An employer with 50 or more employees is also prohibited from terminating you for taking maternity leave, so long as you have worked at least 1250 hours and at least one year for that employer. Technically, however, an employer is not expressly prohibited from terminating an employee because the employee has family obligations that conflict with work.

Since your employer terminated you while you were on leave, you probably have a viable claim that that is the reason that you were fired, especially because your employer does not know if your family obligations will conflict with your work.

Best regards,

Neil Klingshirn

posted by Neil Klingshirn  |  Oct 3, 2002 5:08 PM [EST]

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