I live in New Jersey and our company is downsizing. Are there any laws that are in favor of pregnant women when it comes to firing?
2007-02-09 02:38:33 · 11 answers · asked by piwonia123 2 in Politics & Government ➔ Law & Ethics
No - and there should not be any laws protecting ANY single group of employees.
This is one phase where unions have it right. The most senior employees are protected while the newbies get the axe first.
2007-02-09 02:45:51 · answer #1 · answered by Anonymous · 3⤊ 0⤋
They can't legally take that into account one way or the other, although some states consider pregnancy a temporary disability and there might be some protection in that.
Now I know some companies do try to fire pregnant women, after all they know that she is going to miss work and could be out for months and then decide not to come back, etc, but you have to prove it, sometimes its a hard thing to do, without documentation.
So document EVERYTHING, if someone tell you you're going to be one of the people leaving, and it's because you're pregnant, note the person's name, date, time.
If you are let go, find out who else is being retained and fired. If they are keeping people who are doing basically the same job as you, with less time in, document that. Then go to the state labor board and present your case, and maybe talk to a lawyer.
Oh keep COPIES of ALL the documentation, you don't want someone to lose them and lose your case for you.
2007-02-09 02:54:28 · answer #2 · answered by Richard 7 · 0⤊ 0⤋
many are but with downsizing the loophole is that they are saying you are on maternity leave layoff (extended) and they will call you back when more work is available (n.y. and n.j. laws may differ slightly) you will then of course find you are out of a jobe for maybe 6 or more months needing to find a job to pay for things and such making you quit more than them letting you go but realize layoffs are mostly by junior versus senior employees if you haven't worked there long they aren't discriminating you were just in line like all the others being layed off
2007-02-09 02:45:32 · answer #3 · answered by Bear_Polaroid 3 · 2⤊ 0⤋
enable me preface this via asserting that I even have worked in HR and Staffing for 5+ years and am conscious of employment/hard artwork regulations. Pregnant women individuals are no longer particularly risk-free against lay-offs. although, an company can no longer lay-off a pregnant women individuals because of the fact she's pregnant. this is illegitimate via regulation.
2016-11-02 23:43:29 · answer #4 · answered by boddie 4 · 0⤊ 0⤋
If you are being laid off because of downsizing, and NOT because you are pregnant, then no- there are no laws protecting you more than others, just because you're pregnant. Congratulations, by the way, and my condolences on losing your job- that sucks.
2007-02-09 02:43:04 · answer #5 · answered by Anonymous · 3⤊ 0⤋
No! Why should there be?? Oh my gosh. I was self supporting of my husband and I and had this happened to me I would have been furious if they favored a pregnant woman over me! They usually give some kind of compensation.
2007-02-09 03:35:15 · answer #6 · answered by Brianne 7 · 0⤊ 0⤋
I beleive if you take FMLA they just have to hold a job for you-not always the one you left. If they are downsizing mulitple people, I don't think that your maternity leave status gives you more rights. Sorry-that sucks.
2007-02-09 02:47:30 · answer #7 · answered by VAgirl 5 · 1⤊ 1⤋
I assume your company follows federal laws. The civil rights act of 1968 says they cannot discriminate race, religion, national origin, sex, (and as amended) handicap and family status.
You should also not get preferential treatment because you chose to breed.
2007-02-09 02:45:54 · answer #8 · answered by Anonymous · 4⤊ 1⤋
Why should there be? Just because they are pregnant doesnt mean they should get special treatment. What ever happened to equality, it goes both ways you know - good and bad.
2007-02-09 02:48:28 · answer #9 · answered by Anonymous · 4⤊ 1⤋
Nope, hiring and firing should be based on business need and an individual's qualifications.
2007-02-09 02:44:05 · answer #10 · answered by pathfindercia 2 · 5⤊ 0⤋