Possible Termination and Pregnant

[lisag914]

What is the name of your state (only U.S. law)? New York.

Hello. I am currently 6 months pregnant. I currently work as a marketing representative. I began the job in January of 2009. EAch marketing representative has a a qouta per month that they must fill. Each new marketing representative has to fill that qouta and remains on probation for 6 months. If a marketing representative does not fill that qouta they may be terminated. However, none of the vetern marketing representaitives are making their monthly qouta. Our employer makes it nearly impossible to do so. Before I began employment the "old" process made it a breeze to make the monthly qouta but they have since then changed process. Now marketing reps rarley make their numbers.

My question is this. About one month ago I asked my director for a meeting. In this meeting I told her that I was pregnant. Almost immediately afterwards she told me that I have not made my numbers since I began employment and I am facing termination. If I do not increase my numbers drastically I would be terminated within a couple of months. One of the reasons why I waited so long to tell my boss that I was pregnant was because I feared that I would lose my job. I know that they would of or will blame it on my productivity. I knew I was on probation when I discovered I was pregnant. I strongly believe that she knew that I was pregnant before I called the meeting. It was becoming increasing hard to hide the evidence.

My director is known to terminate employees that she does not favor. She is extremely difficult to work under because of her ridgid type A personality traits. Her and I are quite polar opposites as I am laid back and easy going. She does not have any children and leads people to belive that she dislikes children even though she use to be a social worker. I know that she does not have much sympathy or empathy for mothers.

Is there anything I should do to protect myself. I am acutally not against being terminated because I would be eligible for unemployment which would pay more than disability and would also last longer. Meaning I could stay home a little longer with my new born son and two year old daughter.


I am a good employee and have never been written up. However, I have been noticing that she has been changing my shcedule around and having me work more late nights, weekends and holidays. She has not made me work more than I have had to or more than I am suppose to but has been giving me the raw end of the deal when it comes to the schedule. Again, if she were to terminate me then fine but I just don't want her to make my life unberable with the schedule and try to make me quit.


Some of my employees told me that I should contact someone above her to tell them of this matter so it is on record but I am not sure if I should.

[Zigner]

First - you can be fired. There is nothing improper about that.

Second - you are in for a rude awakening when it comes to your eligibility for unemployment compensation in this situation.

Originally Posted by lisag914

What is the name of your state (only U.S. law)? New York.

Hello. I am currently 6 months pregnant. I currently work as a marketing representative. I began the job in January of 2009. EAch marketing representative has a a qouta per month that they must fill. Each new marketing representative has to fill that qouta and remains on probation for 6 months. If a marketing representative does not fill that qouta they may be terminated. However, none of the vetern marketing representaitives are making their monthly qouta. Our employer makes it nearly impossible to do so. Before I began employment the "old" process made it a breeze to make the monthly qouta but they have since then changed process. Now marketing reps rarley make their numbers.

My question is this. About one month ago I asked my director for a meeting. In this meeting I told her that I was pregnant. Almost immediately afterwards she told me that I have not made my numbers since I began employment and I am facing termination. If I do not increase my numbers drastically I would be terminated within a couple of months. One of the reasons why I waited so long to tell my boss that I was pregnant was because I feared that I would lose my job. I know that they would of or will blame it on my productivity. I knew I was on probation when I discovered I was pregnant. I strongly believe that she knew that I was pregnant before I called the meeting. It was becoming increasing hard to hide the evidence.

My director is known to terminate employees that she does not favor. She is extremely difficult to work under because of her ridgid type A personality traits. Her and I are quite polar opposites as I am laid back and easy going. She does not have any children and leads people to belive that she dislikes children even though she use to be a social worker. I know that she does not have much sympathy or empathy for mothers.

Is there anything I should do to protect myself. I am acutally not against being terminated because I would be eligible for unemployment which would pay more than disability and would also last longer. Meaning I could stay home a little longer with my new born son and two year old daughter.


I am a good employee and have never been written up. However, I have been noticing that she has been changing my shcedule around and having me work more late nights, weekends and holidays. She has not made me work more than I have had to or more than I am suppose to but has been giving me the raw end of the deal when it comes to the schedule. Again, if she were to terminate me then fine but I just don't want her to make my life unberable with the schedule and try to make me quit.


Some of my employees told me that I should contact someone above her to tell them of this matter so it is on record but I am not sure if I should.

[lisag914]

When previous employees were let go because of their productivity they were able to collect unemployment. Why would it be any different in my case. Like I had said before that I am a good employee and have never been written up. It was my impression that when an employee it let go as ong as there was no criminal acts, insobordination, or bascially not showing up to work you could collect unemployment. We are shceduled at certain sites all day and I am always where I am suppose to be, always on time, and work well with my co workers. It is just a matter of my productivity. But like I mentioned before NO ONE is making their qouta or is close to making their numbers. But no one else has been threatened like I have been.

[pattytx]

A threat isn't illegal. Now, if YOU are terminated for not meeting quota, you are the only pregnant employee in that position, and none of the other employees who are not pregnant are not fired for failing to reach quota, then you may at least have a prima facie case for pregnancy discrimination.

[ecmst12]

You can't collect unemployment while you are disabled. To qualify for unemployment, you must be ABLE to work and ACTIVELY SEEKING work. So if you are fired for not meeting your quotas, you would be able to collect as long as you are able to work (until you deliver or are placed on bed rest by your doctor), but you would have to stop collecting for the time that you are disabled. You would then be able to re-start your claim when you have recovered enough to go back to work (back to looking for work).

It sounds like other employees have been fired for not meeting their numbers in the past even though they were not pregnant. That makes the possibility of a case for pregnancy discrimination slim. It is legal to fire you because you have a personality conflict with your boss.