job eliminated and 7 months pregnant....?

Question

I am the only one being let go. Replacing my job with one more technical. I will be 9 mos along when my position ends, after training my replacement. In PA, which is an at-will employment state, but does this sound fishy? I have 10 days to sign a separation agreement saying I won't sue. They offer severance which will cover the baby's birth and three months past.

Answer 1

I would speak to a lawyer immediately and see what he thinks.

Answer 2

They already admitted they are discriminating and violating Federal law by offering the medical expenses and 3 months past. It is probably not worth the trouble of a lawsuit and the costs and time involved especially when you are pregnant and do not need extra stress. You may want to have the situation reviewed by a PA attorney. The Pregnancy Discrimination Act protect pregnant women from both hiring and firing situations. However, in your case it sounds like the employer intends to replace you with someone it argues requires more technical skills. The employer is just ducking the fact that you are entitled to be out of work as well during and after. Take its offer and find a better job or check with an attorney.

Answer 3

Well, the rules are that if they are "eliminating" a position, they cannot replace you. It does sound very fishy and you have the right to ask them to explain why it is that they're calling it a reduction, but you are training your replacement. You may wish to remind them that they cannot let you go calling it one thing but still replace you without it appearing to be discrimination. It also is improper that they are asking you to waive your right to sue. At best, all they can require is that you agree to binding arbitration. None of us on here are well-equipped enough to properly advise you. Short of saying definitely refuse to sign that waiver, the only other thing I can safely say is that you must seek the advice of an employment law attorney to protect your interests. If it can be proven that they are letting you go because of your pregnancy, this could possibly be a very lucrative case for you. Good luck.

Answer 4

This sounds very fishy;I'm not sure if you should sue,but you should consult an attorney about.A separation agreement means that you can't sue for wrongful termination of employment;don't sign.That severance they're offering only covers the baby's birth and three months afterwards;you might not want to take it.

Answer 5

Go see a lawyer immediately. Part of it depends on the agreement you signed when you accepted the job, as well as whatever your state laws are. Also, call the state unemployment office. If you were let go through no fault of your own, you should be able to collect unemployment.

I worked for an at-will company that told me for 9 months that I "fit-in". Gave them more than 45 days notice that I was going to have to have major surgery. Was told all of a sudden on my last working day before leave of absence, that , I no longer "fit". Couldn't dwell on it, had to take care of my health. At least I was able to get unemployment.

I wish you well.

Answer 6

hell no, dont sign anything stating you will not sue, call your local state law office and do the research on your Maturnity law, that sounds too fishy, sounds like you may have a discrimination law suit on your hands.

Answer 7

first
DO NOT SIGN!!!!!!!!!!!!!!!!!!!!!!!!!! YOU DO NOT HAVE TO SIGN THAT PAPER
seems they may be worried about something it they are asking you to sign
What they will write on the form will be refused to sign.
As the others said talk to a LAWYER
If you are capable of training your replacement then the job is not more technical.

Do not agree to the severance package.

Answer 8

GO TO THE CIVIL RIGHTS COMMISSION OFFICE IN YOUR COUNTY. THEY WILL HELP YOU IF THERE IS ANY UNLAWFUL DISCHARGE. YOU WILL SAVE THE MONEY IT WOULD COST FOR AN ATTORNEY, AND THEY WILL HELP YOU NEGOTIATE WITH YOUR EMPLOYER.