Should she sue?

Question

My girlfriend was fired from her job 3 weeks after she notifed her employer she was pregnant. She works weekends and requested a weekend off. The employer said there was no possible way she could get the weekend off. There was a bad ice storm and she called in to work 15 minutes late to tell them that her car doors were frozen and it will be a while. the employer said that ok you were already replaced. do you think she has a good claim to sue for pregnacny discrimation ?

Answer 1

Depends on what state. Some are know as "Right to Work" states where you have to go by a state mandated guideline for firing. If, like most states, there are no guidelines, then they do not need a reason, written, valid or not to fire.

Answer 2

No, she was fired because she didn't want to work weekends and it was a weekend job. In other words, the employer has "cause", another reason that would look good in court.

Employers can usually cover their butts pretty well when they hire and fire now. She's wasting her money even trying a suit.

Answer 3

Does the company have a written attendance policy? A set of rules that they agree to follow with all employees-regardess of who they are. To eliminate favoritisim and to clear up any confusion. If they have such a policy, and she can prove they violated it she might be able to get her job back. For instance if they have allowed others to be late for similar excuses that she was fired over (weather related) then she might have something to stand on.
But i doubt it. Its worth checking into though.

Answer 4

Nope, none whatsoever.

The dismissal has nothing to do with her being pregnant.. She had asked for the weekend off and was told no. She did not report to work at the appointed time. The manager probably had a feeling she would not show up at all and had another person ready to fill in for her if she didn't show. She didn't show, and another took her hours. No case at all.

Answer 5

no.