Legal Question in Employment Law in Ohio

Wrongful Discharge from Employment

I was oout of work for a little over a week due to an ectopic pregnancy that burst and had to have emergency suregery. he day before I was due to return to work my employer called me and told me I was laid off due to budget reasons. Is this legal?


Asked on 7/20/07, 12:20 pm

1 Answer from Attorneys

Eileen Joyce Baughman & Joyce LLC

Re: Wrongful Discharge from Employment

There really is not enough information to answer your question. Does the employer have at least 50 employees? Have you worked for the employer for at least 12 months and worked at least 1250 hours during those 12 months? If your answer to BOTH of those questions is �yes�, then there would be a question of whether the employer violated your rights under the Family and Medical Leave Act. However, even if you answered �no� to either, there may be some issues under other discrimination laws depending on several factors, including the employer�s intent (e.g., whether the reason for the termination was truly for budget reasons or if it was in response to your pregnancy-related condition), and how similar non-pregnancy-related medical emergencies have been handled by the employer as to other similarly-situated employees.

Unfortunately, it is next to impossible to obtain information on these issues short of filing a lawsuit. However, if you believe that the employer has discriminated against you on the basis of gender/pregnancy, you can file a charge with the Equal Employment Opportunity Commission, free of charge. Be advised, however, that there is a very small window of time in which to do so and thus, if you do file a charge, you should do so ASAP.

The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.

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Answered on 7/25/07, 10:11 am


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