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Fired for being Pregnant. Unemployment?

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jteach

Junior Member
What is the name of your state?

Indiana

I work (or did, until yesterday) at a private preschool in Indiana. We service about 120 families, and there are 3 teachers, 2 aides, and an office manager employed during the school year, which lasts from September thru June. My boss has always been extremely supportive of my struggle to have a family over the last year, even offering to leave space in her new office for a crib so that I could continue to work after having a baby. Over the summer, I finally became pregnant, and she was "overjoyed" for me. I am currently just shy of 8 weeks along. Yesterday, she called me to let me know that she "took a look at your (my) attendance record from last year, and with your pregnancy, I know it will be worse this year, so I'm not offering you a postion with us this year." This came completely out of the blue. It is August 9th, and the school year starts in less than 3 weeks.

Seems to me that I was directly fired for being pregnant. My attendance record from last year was not filled with excessive absences, nor did I ever recieve any kind of written or verbal warning about any sick days. I was actually never reprimanded for anything, neither verbally or written, although I was often praised for my job performance. In fact, another teacher who very often called in sick, or stayed home to be with her sick children was offered her job back this year.

On top of this, I found out that my boss' sister, who is also a teacher in another school district, just lost her job, and it is rumored that she will have my classroom next year. And, my boss informed two of the parents last week that I had quit because I am pregnant, which is absolutely false.

What can I do? I would love to have my job back, but if I can't, am I elegible for unemployment? I had planned on working throughout my pregnancy due to financial constraints. Without an income, I'm in trouble!

Thank you for any advice!
 


Beth3

Senior Member
Do I understand correctly that there are only six or seven employees who work for this preschool? If so, then the employer is too small to be subject to federal discrimination laws (15 ee's is the threshold) so firing you because you are pregnant did not violate the law. I couldn't find anything at Indiana's Department of Labor website that suggested they have a State version of the Pregnancy Discrimination Act with a lower threshold but you may wish to give them a call to double-check that.

It appears quite likely you will qualify for unemployment benefits, at least until such time as you are medically disabled from working due to your pregnancy.
 

jteach

Junior Member
You are correct; there are only 6 employees during the year. I will give the State a call, thank you. And thank you for the prompt response. I just wanted to make sure that I was hearing her correctly...I WAS fired for being pregnant, wasn't I?
 

rmet4nzkx

Senior Member
That is not very many teachers/aids for 120 families!
By all means, apply for unemployment, be sure to get a letter form your doctor stating that you can work until onset of labor.
Congratulations and have a healthy pregnancy.
 

Beth3

Senior Member
I just wanted to make sure that I was hearing her correctly...I WAS fired for being pregnant, wasn't I? Yes. Given the size of the employer, in all likelihood that wasn't illegal though.
 

cbg

I'm a Northern Girl
By all means contact the state. According to my source discrimination laws at the state level in Indiana kick in at exactly 6 employees.
 

jteach

Junior Member
Any chance that you could let me know what those resources are? I've spent the last few days calling every Indiana State organization (EEOC, Civil Liberties, etc.) with no luck. Everyone tells me it's 15 or nothing.
 

cbg

I'm a Northern Girl
The EEOC is not a state organization; it's a Federal agency. With the EEOC, it is 15. I don't know what you mean by the Civil Liberties but if you mean the ACLU, that's a private organization. I've no clue what their limit is.

You want to be in touch with the Indiana Civil Rights Commission. Their number in Indianapolis is 1-800-628-2909.
 

jteach

Junior Member
Thank you so much. I am waiting on a return phone call from them. This site has been a wonderful resource, thanks again!
 

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