question about pregnancy

Is it legal to sent a pregnant female who is married to leave the state perminately

1 answer  |  asked Dec 18, 2001 09:07 AM [EST]  |  applies to Ohio

Answers (1)

Richard Renner
Depends on the reason

Ohio has traditionally used "employment-at-will." That means that unless the boss is acting in breach of a contract, or for an illegal reason, the boss can end your employment for any reason, or for no reason at all.

If the boss picked you for the transfer because of your sex, your pregnancy (an expression of your sex), or for some other unlawful retaliation or discrimination, then you can challenge it on those grounds. Please consult an attorney promptly to determine the time limits. If you are a public employee, your time limit may be as little as ten (10) days. Environmental whistleblower claims must be made within 30 days. Workers comp retaliation claims must be made within 90 days. Sex discrimination claims expire in six months, 300 days, and 6 years, depending on the laws and remedies you decided to pursue.

If the employer acted in violation of a clearly established public policy, Ohio courts will now recognize a tort of wrongful termination.

A good book listing laws with employee protections is Job Rights and Survival Strategies. It is $23.45, from:
http://www.workplacefairness.org/jobsurvival.shtml

If you have a union contract, it probably provides that you cannot be disciplined without just cause. Layoffs and transfers are probably decided by seniority. You could file a grievance.

If you cannot point to a law, a public policy, or a contract, you are free to quit and look for another job. You may be entitled to unemployment compensation benefits.

Richard Renner
rrenner@nela.org

posted by Richard Renner  |  Dec 18, 2001 10:46 AM [EST]

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