Daughter 17 told employer she is pregnant. She was on a job trial and has now been dismissed. Is this legal?

Question

She had a trial for 3 months and was told she'd then have a pay rise. At the end of 3 months she was told that the trial was being extended due to a change of line management. No end date was offered. A week befor 3 months was up she found out she was 5 weeks pregnant and she told the employer. 2 days later she was dismissed as they said she was 'having problems with the firm' and in view of her circumstances would need too much time off. She didn't question this but was devastated as she had a good work record and no complaints or warning were given and she'd been led to believe the job was hers. Is this sex discrimination and is it worth pursuing?
A new girl has since been employed in her job.

Answer 1

I think legally an employer only has to hold your job for you if you've been with them for one year if you need maternity leave.

it wasn't right what they did, but since she got "let go" during her trial period there is probably nothing she can do.

Answer 2

Sure I would love to believe that I would be supportive immediately - but the reality is I would probably go through a series of emotions - Shock: You are WHAT!!? Denial: You can't be. There is probably some other reason and the tests must be wrong. Disbelief: How could this happen? Anger: Who is the father. I will kill him - slowly; very slowly Questioning: How could you be so stupid? Haven't you heard of birth control. Accusing: You have totally ruined not just your life but the boys the baby's and your whole family's. Disappointment: You will never get to college or travel overseas. Guilt: I should have kept a better eye on you. Fear: I'm afraid you won't cope and leave it up to me to sort out this mess. Illogical: Do you think you will be a good mother? What sort of a mother gets pregnant in the first place. Selfishness: Don't expect me to baby sit. Acceptance: Well I suppose we had better make the best of it. Support: How can I best help you. Hopefully I would get the Support stage very quickly. (at least in the first hour) Of course after a few days comes the final stage Absolute Horror: My God - I am going to be a Grandpa - I am getting OLD!!!

Answer 3

It is sex discrimination. Based on the facts you relate, she was fired because of her pregnancy. Only women become pregnant, so firing a woman because of pregnancy is sex discrimination, and you can sue unless the job involves exposure to chemicals that would be lethal to the baby or cause birth defects. Even then, it's a close call, since there may be other jobs that do not entail that exposure.

Your daughter should sit down with a lawyer who practices in the sex discrimination/employment law space.

Answer 4

I would venture to say this is discrimination. I would talk with an attorney to just see if there is something that could be done.
Also, have your daughter document these events. If she can use specific dates she'd be better off. If she had a contract with the employer than read and re-read to make sure there wasn't something in the contract.
I sure hope this works out for the best.
Congrats on baby too.
Blessings all around.

Answer 5

Laws vary by state.

Probationary periods are often used to "weed out" undesirable employees. (People who don't/can't learn the job, people who frequently call-in sick or are late, people who don't get along with other workers...)

My company also uses a 90-day probationary period, and every new hire is informed about it during their Interview, and again during the new hire process. At the end of the 90 period, we come to a mutual agreement about extending the employment.

If your daughter was pregnant during he interview process, and failed to mention it when asked questions like " Is there any reason you wouldn't be able to do this job" and she answered "NO" then she is guilty of misrepresenting herself on the application. Many employers will release ANYONE who lies or misleads them during an interview as soon as the deception is discovered.

If the job was hazardous in any way, like certain kinds of factory work, and your daughter would have been exposed to chemicals or physically dangerous environments, then they are merely covering themselves from a liability standpoint.

Human resources departments are very good at using the law to cover themselves. I seriously doubt your daughter will prevail in any dispute, unless you can prove misconduct on the employer's part, which is difficult.

Answer 6

You'd have to look at the entire picture, to get the full reason. Was she late? Did she work slow or whatnot. She might not of been a great employee to begin with. BTW, women dont have to tell employers they are pregnant. As she learned, its not a great idea, and a stupid move.

Answer 7

Hell ya, I would call the department of human rights and file a claim, they will then investigate and tell you if it's worth a lawsuit, I would persue it just to give the employer the fing hassle, that is bogus and she should take them for all they are worth.

Answer 8

IS GETTING A 17 YEAR OLD GIRL PREGNANT LEGAL? ARE YOU GOING AFTER HIM, TOO? I BELIEVE IT'S CALLED STATUTORY RAPE. NOTHING YOU CAN DO ABOUT THE JOB ISSUE.

Answer 9

Go for it, if she is upset for being treated this way then she should help make sure no one else gets treated like that.

Answer 10

that depends on if your state has at will employment, if its at will state it is legal, not right but if its at will employment it is legal