Legal Question in Employment Law in Illinois
Pregnancy discrimination
I am 8 months pregnant and was laid off from my job on Monday, told my last day was officially July 15th. I have ony 11 weeks of severance coming to me, which will barely cover the time I would have been off on FMLA/Short term disability. I am arguing that they laid me off due to my pregnancy. I was the only person in my dept. that was let go. One girl I have seniority over and another male I received a better score on our internal yearly review. I wasn't allowed to apply for internal jobs that were posted, I was just sent home. I am wondering if I have a case of Article VII pregnancy discrimination. I called our HR dept and asked if I could be paid through my short term disability and then get my severance and I was told they don't negotiate severance packages. My arugment is that I am un-employable for at least 10-12 weeks, that no one would hire me in my condition. By the time I can start interviewing, my severance package will be up. I was wondering if I can go on FMLA leave on the 14th, since my last official day isn't until the 15 and if my company would have to cover me under FMLA and STD rules? The whole situation has been very stressful, I can't sleep, I've been having contractions, etc. Please advise.
1 Answer from Attorneys
Re: Pregnancy discrimination
Yes, you may very well have a claim. Incidentally, my wife was laid off while she was on maternity leave -- so I know how employers could use the pregnancy/birth as an excuse to oust someone.
Please feel free to contact me for a consultation.
-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]
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