I'm pregnant and was asked to leave work, is this legal?

Question

I live in Ohio and I work in a distribution center. For the last 2 weeks, I was placed on light duty, which suited my doctor and I fine. On Thursday, I was asked to leave work because my doctors slip that says I cannot lift over 25 pounds because it may cause premature labor was not specific enough. I didn't think it was more specific than that. I was also told that this was a first time for an employee, so they were not sure how to handle it. But after speaking to the lady that use to HR there for the last 10 years, I found out 2 other women had been pregnant and placed on light duty for the duration of their pregnancies. She told me to look up the pregnancy discrimination act, but my PC is so slow, that when I search, it freezes and shuts down. I would love any kind of help because my bills did not stop, in fact, I have to start paying on my delivery now to have it paid off before the big day!

Answer 1

Call an attorney. Many of them will take a case where you only pay if you win. They will tell you if you have a case.

Answer 2

No, it is not legal. They need to make accomidations for your needs and can not lay you off for a reason such as pregnancy. It would be no different than someone on disabilty who continues to work, they need to make accomidations somewhere in your department. Once you go on maternity leave, they even must give you a job back (but only if you take the maternity leave minimum stay, if you go past the time, they do not have to give you the job back.) It may not be the same job, but they do have to provide you a job. Unless they have due cause for firing you, then they can not do what they did to you. Before you go to the trouble of getting a lawyer, go to the library and ask the librarians to help you find a book on Ohio job laws related to your issue. Come to your work with the documentation and your work will most likely give you your job back rather than have to deal with a lawsuit. Good luck. I'm 16 weeks pregnant and we couldn't live without my salary, so I feel for you and your predicament. My first bill for our delivery is due Nov 1st (didn't realize my insurance covered so little.)

Answer 3

Well, I'm not sure of the legalities, but I can understand your company's predicament. Just imgaine that something had happened with your pregnancy whilst on light duties through whatever weight you were lifting, they would be in a very bad place insurance-wise and pay out wise.

So, whilst it doesn't seem fair, that would be the point of view that they are acting from.

However, apart from the that issue, I don't know what the leagilties or HR issues would entail with regards to your rights. You may be able to contact an external body via telephone who will be able to give you up to date legislations

Answer 4

You would be classified under the American with disabilities act. (yes, I know your not disabled but...) Look that up on the internet or if your won't pull it up go to the library and try. They can't ask you to leave. Did they ask you to leave or tell you to. There is a distinction. The ADA stipulates that the employer must make accomidations to a degree. Call a lawyer. Unemployement should be in play here also. The only thing that may not be in your favor is how long you have been with this company. This does matter as well. Good luck.

Answer 5

I worked in Cincinatti for the first half of my pregnancy, and I know that that is not common practice. Especially if it was doctor-recommended. They cannot go against your doctors say.

I would conact a lawyer and the unemployment office. I know that many lawyers will take on a case either pro-bono (for free) or set it up so that they only charge if you win. Possibly, the unemployment office may be able to provide you with names. Also, there may be a legal aid office in your area.

Even though I had my job for less than a year, my employers could not fire me during my pregnancy, even though I missed many days. I was so sick for the first several months that I lost weight, and my doctor was going to put me in the hospital if it didn't let up. I ended up resigning, because it wasn't worth it to hold the job and just not go!

Congratulations on your pregnancy, and I wish you luck in sorting out this mess!

Answer 6

When I was doing light duty at my job, if they did not have a job for you that that met the requirements outlined by the doctor, you were just not able to work. You could come back to work as soon as you were released by this same doctor (and this was with a major airline in Houston, TX). Sounds tough I know, but I really don't think there is much you can do about it.

I feel your pain and wish you well in your situation.

Answer 7

Call a lawyer....

Pregnancy and Maternity Leave

An employer may not single out pregnancy related conditions for special procedures to determine an employee's ability to work. However, an employer may use any procedure used to screen other employees' ability to work. For example, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy related conditions to submit such statements.

If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth.

Employers must hold open a job for a pregnancy related absence the same length of time jobs are held open for employees on sick or disability leave.

Answer 8

If they fired you because you are pregnant, it is illegal. And employee that has more then 15 employees is under this law. it states "Discrimination and its close cousin, harassment, can take a number of different forms in the workplace. Federal and state laws prohibit discrimination and harassment against individuals on the basis of race, color, creed, national origin, sex (gender), religion, disability (handicap), pregnancy, and age."

But also if your pregnancy prohibits you from doing the job then I believe they can terminate you. You should be able to contact a lawyer, they can give you free advice.

Answer 9

You should really contact someone in legal aid, because in fact it is not right, and you could get enough money, to NEVER have to work. Thats why they made the family-leave act. Dont let them walk all over you, Good Luck

Answer 10

It sounds like you need to contact a lawyer.If this company allowed others to work lite duty then the company should have have told you what was needed on the doc slip and keep you on.I would also contact your local work force and see what they have to say.Also contact the unemployment office and sign up .

Answer 11

They can't let you go if your pregnant. I would call a lawyer in your area. And get documentation on why they released you. The papers may state something different than what you were released for. Good Luck!