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Termination when Pregnant

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Candice

Junior Member
What is the name of your state? California

We have an employee who was hired about a month ago, and failed to tell us that she was pregnant and due in JULY. The doctor just informed her that she has a high risk pregnancy which is going to require her to go and be monitored once a week for 3-4 hours (which is going to cut into her work hours). This individual is experienced in the Collections field, which is why we hired her. Since her training was complete (2 weeks ago), she has not produced anything work wise.

The manager is wanting to let her go based on production. Is this something that we can do (even if she is pregnant)?
 


cbg

I'm a Northern Girl
Being pregnant only protects her from being terminated for pregnancy. Nothing in the law says that a pregnant employee cannot be terminated for non-production.

If the fact that she has not met the required standards has been documented, you can fire her for that reason. She can't be fired because she is pregnant, but she can be fired for unrelated reasons.
 

BelizeBreeze

Senior Member
If I can fire a woman for not wearing a bra (Mooooooo!) then yes, you can fire her when she's pregnant. As cb said, not BECAUSE she's pregnant.
 

HomeGuru

Senior Member
Candice said:
What is the name of your state? California

We have an employee who was hired about a month ago, and failed to tell us that she was pregnant and due in JULY. The doctor just informed her that she has a high risk pregnancy which is going to require her to go and be monitored once a week for 3-4 hours (which is going to cut into her work hours). This individual is experienced in the Collections field, which is why we hired her. Since her training was complete (2 weeks ago), she has not produced anything work wise.

The manager is wanting to let her go based on production. Is this something that we can do (even if she is pregnant)?

**A: why has she not produced anything workwise?
 

fairisfair

Senior Member
What is the average time until an employee begins to "produce" in this position? And by the way, the employee did not "fail" to tell you that she is pregnant, she is NOT required to do so.
 

HomeGuru

Senior Member
BelizeBreeze said:
How do we know the pregnancy wasn't "produced" in the workplace???:D

**A: if it was in a law office between an attorney and the client, the baby would be considered attorney-client work product.
 

BelizeBreeze

Senior Member
HomeGuru said:
**A: if it was in a law office between an attorney and the client, the baby would be considered attorney-client work product.
And priviledged ex-communication if the attorney were Catholic ;)
 

Country Living

Senior Member
The points in order given....

This information appears to be given in order of relevance:
1. Employee hired a month ago.
2. She "failed to tell" she was pregnant
3. She will miss work 3-4 hours a week due to the pregnancy
4. The employee is experienced in the collection field.
5. She has not produced anything work wise and the manager wants to let her go based on production.

As a manager I would have been asked this specific question from HR: "Have you fired anyone who has been with the company a single month based on their production?"
 

mitousmom

Member
Candice said:
The manager is wanting to let her go based on production. Is this something that we can do (even if she is pregnant)?
This is from EEOC's website:

If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled due to pregnancy to do the same.​
http://www.eeoc.gov/types/pregnancy.html

You also need to compare her work production at this stage of her employment with that of others at the same stage. If the records don't show that her production is substantially less than employees retained, I think the employer would have a difficult time justifying its actions should the employer terminate the employee and she files a sex discrimination action.
 

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