Legal Question in Employment Law in Virginia

Working in an ''At Will'' employment state while pregnant

I was recently hired as a Receptionist for a local supply company. I didn't tell them that I was pregnant during the interview process because I felt it may have prevented me from being hired. I know that employers aren't ''supposed'' to discriminate because a woman is pregnant, but I am truly concerned that once I tell them, they may ''find a reason'' to let me go. Since Virginia is an at will employment state, it isn't difficult to terminate someone and use the excuse, ''It just wasn't working out.'' I am filled with worry because it seems as if there is little job stability with laws like this. I want to know how to prepare myself for when I divulge this information. Is there a right or wrong way to word it when I do tell them? Any information would be helpful.


Asked on 11/07/04, 5:53 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Working in an ''At Will'' employment state while pregnant

Unfortunately, if you're a recent hire, you would not appear to qualify for leave under the Family & Medical Leave Act (FMLA)which requires that you be employed 12 months or 1250 hours(I think)in order to qualify for this leave which employers of

50 or more persons within a radius of roughly 75 miles are required to grant not only for pregnancy but also for other types of leave involving family illness, birth of a child, placement of adoptive child, etc.

Assuming that you do not qualify for FMLA leave, about your only other option in terms of preparing yourself to divulge the information regarding your progressing pregnancy is to do the very best job of which you're capable and then to select the appropriate time, place, and person for the announcement. (This could be a Friday in the afternoon when the work week agenda is winding down and your immediate supervisor appears to be in a reasonably good mood.)

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Answered on 11/08/04, 4:30 pm


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