Legal Question in Sexual Harassment in Utah

Pregnant controller forced to leave early

First some background: about a year our company controller had a miscarriage. She was out of the office recovering, then later had to have a related procedure, and even later had to bury the baby after some genetic testing was completed. Her absence was a sore spot with the principals, all male. They called her at home three times the day they found out about the miscarriage and were upset that she hadn't mentioned her first pregnancy.

This woman announced her second pregnancy several months ago, as well as her intention to work until she had the baby and then leave the firm to become a fulltime mother. She wanted to give the firm plenty of time to find and train her replacement.

The company principals have interviewed applicants and selected her replacement. The controller has been told that she will not be allowed to work until she has the baby; rather she will have to leave after training the new hire, which is expected to last 2 weeks. She had planned on working 3-4 months longer.

My question is whether this forced early leave constitutes being fired and whether this is legal or constitutes sexual harassment.


Asked on 12/11/03, 3:36 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Pregnant controller forced to leave early

Once she gave notice to leave, the company can replace her at their will. She may be entitled to unemployment compensation. This is not sexual harassment, nor discrimination.

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Answered on 12/11/03, 3:45 pm


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