Legal Question in Employment Law in Pennsylvania

How can I prove it?

I was terminated by my employer.They claimed it was for misconduct.I became pregnant and shortly after was singled out for disciplinary actions.I filed a complaint with the DOL for FMLA violations.They were very mad to put it mildly.Within a few days of that they learned my unborn child had some birth defects which would require surgery.I was terminated the next day.The reason they gave me was misconduct.I was never informed of the allegations and never even asked if it happened.I do know that my employer has written up men for the same violations but none were ever terminated.I don't have much proof of discrimination,no employer gives the real reason for a termination when it is an illegal one.Will the timing alone be enough to show there may more to my termination than my employer wants to admitt?


Asked on 1/27/03, 3:11 pm

1 Answer from Attorneys
J. Bryan Tuk Mandracchia & Modesti, LLC

Re: How can I prove it?

Certainly, in this type of case, circumstantial evidence is very important (for example, the timing of your termination in relation to the filing of a complaint with the DOL). There are many issues to address from a factual standpoint before I could fully evaluate your legal situation.

One of the things to be aware of, however, is that for gender/pregnancy discrimination claims, you must file a charge with the EEOC within 180 days of the discriminatory act.

If you are interested in further discussing your situation, please call me at (215) 540-2633.

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Answered on 1/27/03, 3:23 pm


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