Legal Question in Disability Law in New York
I am 2 months pregnant and I work at a cafe as a Baresta. Due to some medical discomforts I've been experiencing, I haven't been able to work a couple of shifts. I was able to get them covered by one of my co-workers that said they need the extra money and a day ago I get a phone call from my boss informing me that I'm being let go because the person who covered my shift has been working overtime and feels that I won't be able to perform my best because I am pregnant. I don't agree with him. I've been working at this cafe for the past two years and gave a lot of dedication to this place. I was wondering if this is even legal. Can they fired me because I am pregnant?
2 Answers from Attorneys
This appears to be a classic case of a violation of The Pregnancy Act. An employment law attorney should be able to help you with your claim.
That certainly sounds like pregnancy discrimination but in reality, he-said, she-said cases aren't always the strongest cases because the employer denies the statements were ever made and often there are no corroborating witnesses or documents.
So my question to you would be: Were any witnesses present when these comments were made and is there any other corroboration of the statements allegedly made by your boss?
If not, this is a case that hinges primarily on the credibility of the witnesses and any competent attorney would want to perform extensive due diligence and investigation before undertaking such a case.
If you wish to discuss this further, you can contact me at [email protected] or contact your local bar association for a referral to an employment attorney.
Good luck!
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