Can my daughter be fired for having a baby and not telling her employer?

Question

She was never asked if she was pregnant. She was only going to take four days off and return on Monday. Now they are saying she was dishonest, and she does not have a job. What are her options.

She was hired and the business was sold to someone else. So she has been there the 60 day probationary time. We live in California and she had never had any problems with her present employer.

She worked for a dentist and her job required her to do billing and receptionist work. It was a good job and she brought them many new clients.

Answer 1

Legally an employer cannot ask an employee if they are pregnant. This could be classified as discrimination.

Ultimately it is the employee’s responsibility to inform the employer of the pregnancy.

However the employee has rights during this period. Please see link from the EEOC: http://www.eeoc.gov/types/pregnancy.html

They cannot say she is dishonest and terminate her employment for taking off for four days if she has accumulated time off and can be paid then she can use this time at her own leisure.

Now here is where it can be complicated.

What was the reason she used for taking the days off? Did she then inform her employer of the pregnancy?

If she has not done so it may be a good idea to schedule a meeting with her HR Dept Rep to discuss any questions or concerns she has about her job as well as her leave of absence. This way she can get everything out in the open and have important facts documented.

She should document all of the events that took place in case she may need to file a complaint if it is necessary.

It may be best if she now discloses her pregnancy so it is document in her HR file for the future. She must do this in order to be covered under the FMLA -Family Medical Leave Act. See link for details: http://www.dol.gov/esa/whd/fmla/

It is so unfortunate that so many women face struggles when it comes to pregnancy related issues. But it is so important that they become knowledgeable about the laws and their rights so they can combat the unfortunate events that may occur.

I hope this info has informed and enlightened you.

And I do wish your daughter the best of luck with her pregnancy and her job.

God Bless...

Answer 2

I hope she retained a copy of her application. Ordinarily potential employees are not asked if they are pregnant. It's not the standard interview question, at least not with the company I used to manage a store for.

However, if her application or any of her paperwork states that they are an 'at will' company and that they can fire a person without notice, then I guess she doesn't have a job.

The worst part is, if she takes them to court for a ruling, she may win, but if she ever decides to leave that company, she'll probably get blackballed. All another employer has to ask when trying to obtain information about a previous employer, is to ask if or not the applicant is eligable for 'rehire' and they would state NO, she would be schrewd...or leave out the h to see my word.

Her options at this point are few; however, when she applies for another positon, she can either leave that employer off her resume, or if it is her only former employer they will give the option of contacting them or not for job referral. She can choose the option of 'NO' w/explanation. Then she can use whatever story she wishes to relate to the former employer

Answer 3

If I am not mistaken, the Family Medical Leave Act prevents employers from terminating individuals for reasons such as this. I agree that you should contact a pro-bono attorney and have them look into the situation. Your local employment office may also be a good resource for information. This assumes, of course, that she did not indicate that she was not pregnant during the pre-employment process. A previous poster is correct that she can not be asked that question (Are you pregnant or planning to become pregnant?) so that shouldn't be an issue.

Answer 4

I can't say for sure, but I don't think they have any right to fire her. In job interviews, it is illegal to ask an employee anything personal like if they have kids or plan on having kids; therefore, I find it hard to believe that an employee is required to disclose this information once they become pregnant. She was doing them a favor by taking 4 days off and then returning to work, they should appreciate that she didn't put in for maternity leave. She needs to take legal action or at least seek legal consultation, because I highly doubt that their actions would hold up in court.

Answer 5

Call an attorney that offers a free phone consultation and ask them.

Women are not required to tell their employers if they are pregnant or not and they are not allowed to ask if women are pregnant just like they can't ask your religion.

She had no obligation to tell her employer she was pregnant and in most cases they are not allowed to fire women because of pregnancy or child birth.

Call her employer and remind him/her of this. I don't know what type of job it was and if it's even worth pursuing. Get a free phone consultation with an attorney in this field. Legally employers must offer women a certain amount of time off after child birth and 4 days is not enough!!

In the meantime she can look for a work at home job. http://www.workfromhomeforreal.com

Answer 6

My guess is that there is some other underlying reason here.
An employer considers the "value" of an employee. Loyalty, responsibility, willingness, etc.
I'm not saying that your daughter did not have these attributes. Who knows what was said behind her back during those 4 days.
Or - the employer does not think that your daughter is capable to perform her job as well as before.
Just some thoughts.
Good luck - God Bless.

Answer 7

It's really left up to the employer. She should have told them she was pregnant whether they asked or not. Now, if she would have told them she was pregnant and wanted to be off a few days and they denied then she could've taken them to court. The only thing I can say is contact your local employment office and/or a lawyer ASAP.

Answer 8

If they did not ask her about whether she was pregnant, how can they say she was dishonest. If having a baby didn't affect her work, they have no reason to fire her. Tell her to go to the local Employment Security Commission and discuss her options with them.

Answer 9

This depends on a lot of factors... Are you in a right to work state? Was she just hired? Had she been with the company for more than 1 year? Post more information....

Answer 10

In Canada, this is a violation of her rights. I'm sure in the States, it's the same. She can sue for wrongful dismissal, but make sure she doesn't accept any severance pay or package. Good luck!