Fired for being Pregnant...?

So my wife got a letter in the mail today from the over company she works for. (She works for a gas station, but the company handles all its hiring, firing, and payroll thru a company called PMI). A few days ago PMI asked her to get a doctors letter stating what all she is able and not able to do. She got it filled out and turned it back into PMI. The following week (being today), she receives a letter saying (and im just going to paraphrase it) "Due to the restirctions you have (which honestly are not much, and do not prohibit her job function, I use to be a manager for the same company), you are being let go since Fill-ups Food Stores can not accomidate your changes".

Now all of these changes are due to her being PREGNANT. Is this Legal or not. Ive done some searching online, but not able to find much with regards to this situation. Any help from a Lawyer or someone in the Law Field is highly appriced. Is there any chance we could sue and actually win?

Further Information : She is only 5 1/2 months along.

Amanda H going w/ Best MOM EVER

They cannot fire her for being pregnant, but they can lay her off if she is no longer able to perform the job functions, and only if they are unable to find another position that is suitable for her restrictions. If there are no such positions in the company that can accommodate her restrictions, then they can lay her off. She should be able to collect unemployment in this situation.

Kim k

Does she work in the company offices or actually at a gas station? No pregnant woman should ever work around toxic chemicals like gasoline. Pumping your own gas twice a month is one thing, daily exposure is another. The vapors are harmful to the fetus as is any contact with the skin. Anything your skin comes in contact with can be absorbed into the bloodstream. It's not as if she'd have to be pumping gas, if she's taking money from the hands of people who have it could be enough to cause a problem. You need to get a better explanation from the company, they may be trying to avoid a lawsuit from a premature birth, stillborn or defective child I would have trouble faulting them in that case as would any judge or jury. Did you read the letter from her doctor? It most likely made mention that accommodations would need to be made to prevent exposure and in a gas station, I can't see that would be possible at all.

blatantly opinionated

Kim K is correct. One of the restrictions that her pregnancy requires is not to be exposed to harmful chemicals, such as gas fumes. It would be unreasonable to expect that the store shut down its main part of its business to accommodate her needs, since this would place undue hardship on the employer. I don't think you would have a case.

corgi1922

For pregnancy they must make a reasonable accommodation such as any disability. The rules are a little different for pregnancy but the big picture is the same. Especially since it's obviously a short term thing (9 months total). If she really wants to pursue it, I would call the DOL that deals with pregnancy act. There are many steps she will need to go through prior to suing. If you go to court too soon the judge may through it out because you haven't gone through an appeal process first.

Mummy.2.1

A woman cannot be fired for being pregnant, this is illegal. However she can be suspended/fired if the company think that the job could risk her pregnancy.

You are best to seek advise from a solictor, as i honestly think she has been wrongly fired.

Destiny

You can't get fired for being pregnant - it's against the law. Call the labour board.
Firing someone when they are pregnant is discrimination.

SUSAN M

I would say definetly illegal and you might see if there is free legal services in your area. or call a work attorney and see if they can do on the cheap for you for some good PR. If you sue and can prove this you may end up owning the place. Good Luck

GERTIE!!!

yeah, you could definitely win that lawsuit.
as long as you have anyone but a complete douche bag as your lawyer.

any gender-related firing is so illegal. and this definitely falls under that category.
sue the **** out of them.

Tim

It is illegal and you have a case. Most lawyers will sit down to discuss the case at no charge taking a percentage of the settlement.

At most, they are able to place her on disability until she has the baby.

Megan

It's definitely illegal... but it's hard to prove that this is why she was fired. Even with that letter they can claim that they simply had to let someone go, or that her job performance was lacking.

A friend of mine got fired the day after she told her boss she was pregnant, and he even admitted that it was the reason, but when she sought out a lawyer he informed her that these cases are very hard to win.

It may be worth a shot, though, to have your wife threaten to go public. Maybe she may not win in a court, but the PR for the company would be horrible, so call the company and inform them that you are preparing to call your local newspapers and news, and that they should prepare a statement... the threat alone may be enough to knock some sense in to them.

Lindz

that's def illegal

NickiBoy

well technically no, but if they can claim that she has to do heavy lifting and what not, they might be able to. Talk to a lawyer.

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