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I work as a pilot car driver. I was fired due to the fact that I became pregnant while employed. My doctor insisted I take some time off due to a history of miscarriages. I was called to the office where I was told that I was being fired because I could not at this time meet the phsyical requirments of my job.

2006-10-26 08:01:35 · 2 answers · asked by Angel Eyes 1 in Business & Finance Careers & Employment

2 answers

Not every company is required to follow the Family Medical Leave Act (FMLA). Only companies with 50 or more employees within a 75 mile radius have to follow the Act. Then employees only become eligible to use Family Medical Leave after they have been employed at the company for at least one year and have worked at least 1250 hours during that year.
Pregnancy discrimination is a form of sex discrimination and is prohibited by federal law. If you were fired because you are pregnant then you should contact the EEOC immediately and file a complaint.
However, if you were fired because your doctor told you that you couldn't drive for more than 2 hours at a time or something like that AND your company does not have to follow FMLA AND your job requires you to drive for 8 hours straight or something like that THEN they can fire you for not being able to perform the essential functions of your position.
If you have more questions about this please post them or feel free to email me.

2006-10-26 14:14:28 · answer #1 · answered by HRGal 3 · 0 0

Well, I don't see how you couldn't meet the physical requirements of the job. A pregnant woman can drive. They have made up a bs reason to get rid of you. You should contact a lawyer or at least threaten to begin legal action if they do not hire you back with back pay to the date you were "fired".

As for taking time off, you are guaranteed 12 weeks of leave under FMLA (Family Medical Leave of Absence) during which your job is secure. They cannot just fire you for taking time off, but you need to file for FMLA. Taking time off does not constitute not being able to meet the physical requirements of your job.

This does not seem to fall under the guidelines of when you can terminate a pregnant woman.

2006-10-26 08:07:00 · answer #2 · answered by Phoenix, Wise Guru 7 · 0 0

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