Can an emplyer rightfully lay off an employee 10 days before starting maternity leave?

I am 8 months and 3 weeks pregnant. All of my paper work is set up to start disability on the 29th of this month. I am having a scheduled C-section delivery on the 29th of this month. My employer informed me that my position will be eliminated effective August 6th. I am in the system as an active employee until August 6th. They have offered a severance package that will give me full pay and medical until September 24th. by the time I am physically able to actively seek employment and start employment, my severance will be done.

1 answer  |  asked Jul 20, 2010 10:14 AM [EST]  |  applies to New York

Answers (1)

Patricia Pastor
It depends on the reason for the layoff or "elimination" of your position. You haven't stated whether the employer provided an explanation for eliminating your position. Considering only the information you have provided, I would be suspicious that the employer is letting you go due to your pregnancy. An employer can discharge an employee for any reason other than one based on unlawful discrimination. An employee's sex, or her pregnancy, is not a legitimate reason for discharging the employee. If you believe your employer is letting you go for discriminatory reasons, i.e., simply because of your pregnancy, you should consult an employment attorney. Feel free to contact me if you would like to discuss this further.

Patricia M. Pastor
631-988-4047

posted by Patricia Pastor  |  Jul 20, 2010 7:38 PM [EST]

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