Legal Question in Employment Law in Georgia

Getting laid off while 8 months pregnant

I am 8 months pregnant and was laid off today. I was given until my water breaks to work and then receive up to 12 weeks of FMLA/Short Term disability leave. After that I was given a 2 weeks severance package.

Can they do this? Can I receive a bigger severance package?


Asked on 3/09/09, 9:57 pm

1 Answer from Attorneys

Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Re: Getting laid off while 8 months pregnant

It is not per se illegal to terminate or lay off a pregnant employee. However, if you can show that the decision was made BECAUSE you are pregnant, that is unlawful. The employer will likely claim that the decision was economic and would have been made regardless of whether you were pregnant. If you bring a claim, it will be your burden to disprove this. The type of evidence that would tend to support a claim like this would include negative comments by a manager about the fact that you are pregnant or that your maternity leave will cause disruption or problems for the company. Other evidence could include treating employees who request or take non-pregnancy-related medical leaves more favorably than you were treated. If you have a claim, an attorney can help you to negotiate for a better severance package. I would be happy to discuss this with you in greater depth. If you are interested, please email or call me using the contact information in my profile below. There is no charge for the initial phone consultation.

This response is for informational purposes only and does not create an attorney-client relationship.

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Answered on 3/09/09, 11:17 pm


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