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Do I Have Any Legal Rights?

3 posts on this thread and the last post was on January 7th, 2008 12:58 PM
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yunetp7 - January 3rd, 2008 11:26 AM
[Original Post]

I just got laid off, I am 5 1/2 months pregnant. They laid me off due to poor market conditions.I was told that the decision was made due to seniority in the company and not work performance. But I am not the last person hired. I would have been with the company 1 year this same month. Do you think I have a case?


Cevvin - January 3rd, 2008 9:33 PM

did people with less senority NOT get laid off? and do you have proof of that?


mjvdec01 - January 3rd, 2008 11:58 PM

There is an organization that will support pregnant women who are fired or laid of because they are pregnant. I think if you do an online search you could find them, they have attorneys. Wether you contact that agency or not, the first thing I would do is contact an attorney. The attorney will tell you if you have something or not. He/She should be willing to take the case on contingency (he only gets paid if you do) Your attorney will get you in touch with the Equal Employment Opportunity Commission( EEOC ) to file a complaint. You can find the EEOC online and start the process without the attorney, however, for the interview, which is usually over the phone, your attorney will have insist on being present and It would most likely take place in the attorneys office on speaker phone. I have been through this also. I was fired from a job because they said there was "too much commotion centered around me on the sales floor". In there minds it was my fault that the men I was working with couldn't keep there comments and hands to themselves. I was also fired from my job when I was 5 months pregnant because " it is too hard to have a pregnant dental assistant" If you think you were targeted in any way you really need to defend yourself. Look up employment attorney in the phone book and find someone who will hear your story. Before you go make sure you make up a journal documenting anything of importance. Be sure to include length of employment, raises you got, any commendations for great work, lack of days missed due to sickness or presonal time. Also comments from superiors about you being pregnant, innocent or not. My last employer told me that the best thing for a child was a stay at home mom. That was months before he fired me for being pregnant! Talk about your committment to the job and how happy you were there. Trust me, it all matters. The more documentation the better. With my cases I was so upset that I had to see a counselor as well. If you do that too just make sure that you don't talk about any personal issues at all, unless they are brought on by the stress of losing your job. See the therapist BEFORE your attorney suggests it, you don't want to have to tell opposing council that your attorney told you to go or even suggested it, that would look really bad. I hope this is enough information for you. If you have any other questions please feel free to ask, personal or not. The process for me took two years, and I finally got my settlement. Let me know what you are thinking, maybe I can help more. Mandi.


Malica - January 7th, 2008 12:58 PM

Did other people with less seniority *with the same position* NOT get laid off? During layoffs, it is quite common (and perfectly legitimate) for one or more departments or job functions to be laid off before others.