Laid-Off and Pregnant - what are my rights?

[Jadzia]

So I found out on Thursday that my position has been eliminated. I have been with the company for 10 years, with only stellar reviews. I am 16 weeks pregnant and informed my boss of this about a month ago. I work from home but my position also requires a fair amount of travel.

I asked if my condition had anything to do with it, and they insisted no but I am still left with a gnawing feeling otherwise. This was not a sweeping lay-off. In fact, my department has recently hired 2 people. 2 other people were hired in a different department. Only one other person has been laid off from my company and that was a different department.

I was told that my position could be done by a male co-worker, who incidentally I had recommended for my former position when I was promoted less than 2 years ago.

I have been offered 6 weeks severance + unpaid vacation time but I must sign a severance agreement releasing them from all claims before I receive this money. Apparently, I only have 21 days to do this.

Now, I could see this as a blessing in disguise, because I had been unhappy in my job for sometime and I was actually planning on resigning once the baby came and being a stay at home mom for a few years. I have a good cushion of savings as this had been my plan for awhile. Now I am able to get unemployment at least.

However, I am still very upset about how I am being treated here as a long-term, loyal employee and I am wondering if they are within their rights here. Even if I wanted to go out and get another job right now, who would hire a pregnant woman? (I am already showing). Plus unemployment will only carry me through the birth of my son.

Should I just sign the paper, move on with my life, or should I speak to a lawyer about this first?

[GuildJenn]

I don't know about Michigan law or anything but I do know that you can negotiate severance, so I would start there - particularly seeing if you can get your medical care covered well past your due date. Don't necessarily just accept what they put on the table.

[ProtoLawyer]

I recommend you contact an employment lawyer before signing anything--your state bar can probably refer you to one who can give you a low- or no-cost consultation.

Keeping in mind this isn't legal advice, and I am not in Michigan, but this sticks out for me:

"I was told that my position could be done by a male co-worker, who incidentally I had recommended for my former position when I was promoted less than 2 years ago."

It is not illegal to fire someone who is pregnant--for cause or for a reduction in force--but it cannot be done because of the pregnancy or because the employer thinks you'll just take maternity leave then never come back or because the employer thinks you'll be an insurance drain or absent chronically or whatever.

Now, an employer who has two brain cells to rub together will, of course, deny that you are being let go due to pregnancy--it's budget, so sorry. But based on what you've said, that sounds like a cover story. They've hired two other people, and have a man with less experience waiting to do your job. (Pregnancy discrimination is considered a type of gender discrimination.)

After talking to a lawyer, you may feel OK signing (like you said, you were planning to leave anyway), or you may feel you want to take this to court, but I think you'd feel better about whatever decision you made if you had the chance to consult with someone.

Good luck, and I'm sorry your employer has treated you so shabbily.

[~pi]

I'm sorry you have to deal with this.

I would at least consult with a lawyer.

Even if you are happy with the layoff, I would consider negotiating for more in the way of severance. Find out what is the norm in your area/field.

FWIW, I happily took a layoff spot six years ago to go back to school a little earlier than anticipated. I had worked there three years and got 10 weeks severance, which was a fairly standard package. Most people got 2-4 weeks' severance per year of employment.

[Selesai]

They didn't know you were planning to leave after you had your baby, I assume? If I were you, I would really try to negotiate my severance. Six weeks is nothing. You are pregnant and have a long history of great reviews. I think you have a lot of leverage. I would look for 3 months of severance (including benefits) from them, at least. Then I'd take the money, file for unemployment, and move on with my life.
By all means, consult an attorney if you think it would help. I think one big thing in your favor is your favorable reviews. Also good is the hiring of two other people (though I could see them arguing that was a different department, so didn't reflect on your department).
Just my two cents. I got a few months severance when I was laid off and I'll tell you, it was not enough. The market is bad and they should know that. If I were you I would really try to make them work for your peaceful departure by putting their money where their mouths are.

[bluebunny]

I agree with the others that you should try to negotiate more severance pay and benefits. It wouldn't hurt to consult an attorney, either, but since you were planning on quitting anyway it might be better to negotiate a better severance package and walk away.

[isfa]

keep in mind that attorneys can help people negotiate severance.

[Jadzia]

Thank you for all the replies! I have set up an appointment with a labor lawyer on Wednesday to review the document before I sign. I think I will feel better at least if I can get a legal opinion. I don't want my job back but if they can negotiate a better severance for me, I will feel better about moving on.

The good thing is that health insurance is not an issue - I was already on my husband's plan because his insurance wasmuch better and cheaper than my company's. I am so relieved I do not have to worry about that aspect, especially while dealing with a high-risk pregnancy!

[ZoeyZoo]

I'm glad you're going to consult an attorney.

Just wondering after the unemployment runs out, if you are 36 weeks (at least in my state) you can file for pregnancy disability. In my state it is tax free and was pretty close to my salary after taxes. My state uses the pay from the previous year to calculate benefits. It might help keep some money coming in a little longer.

[Evan&Anna's_Mom]

I think you have already gotten good advice and its good to consult an attorney. I wish I had when I walked away from an awful job with blatent discrimination/ harrassment many years ago. And what you say does seem fishy to me.

Do keep in mind that unemployment insurance is only available if you are actively looking for work and you usually have to prove that you are trying each week. If you do get an offer you pretty much have to take it. Of course you can generally do the minimum they require and not get an offer.

You might consider doing some temp work or something between now and the time you are due. That would extend your savings cushion and unemployment eligibility for weeks when you don't get a temp assignment. No one is surprised to see a pregnant temp!

[Ianthe]

I have a friend who sued her former employer based on discrimination (not pregnancy though), and she went through the Dept. of Workforce to sue them. They gave her a cash settlement, severence, and benefits for a period of time.

I would def. talk to the lawyer, have them file a suit, it will likely not even go to court, and they will just mediate it. I think you should absolutely expect full benefits until at least 12 weeks postpartum because since you are already pregnant, most insurance companies won't cover pregnancy now. If you are getting full severence, you probably won't qualify for medicaid either (but they might be able to work out something for you if it came down to it).

It really does sound like discrimination, and I would totally do my best to get as much as I can from them.

And CONGRATS.. enjoy your pregnancy!

[ShwarmaQueen]

Originally Posted by isfa

keep in mind that attorneys can help people negotiate severance.

But they'd take a cut of it too, unless they were a family friend.

[rivkah]

Wow! Does your employer get some sort of pleasure out of an employment lawsuit? Seriously, I am glad you got a lawyer. They did an insanely stupid thing in laying off a pregnant woman under these circumstances (would be different if it were a percentage cut and based on seniority or some other uniform classification)! I think you've already seen the attorney, but if not, don't say one more word about not wanting the job back or anything that will in any way indicate that being laid off is in any way an attractive option for you.