I am 16 weeks pregnant, my department was laid off.

[Elizabeth2010]

I work for the bank for 7 years (NJ) and as our bank was acquired by another bank my department 's being eliminated. It was a small department only 4 people including me, we were given 90 days notice and offered a severance package. I applied for so many positions within the bank but nobody seems to interested in me, even though I constantly see newhires on the floor. My question is it legal to lay off pregnant woman, should not they find me another position?

[HappyMommy2]

It may be a blessing in disguise, mama.  You get almost 2 years of unemployment.  Might be nice to stay home with the baby for a while.

Meanwhile ... start connecting with all the people you know - especially the bigwigs - on LinkedIn.  Start a basic profile with only your current job and beef it up later.  The important part is connections and networking, do that immediately.  Once you are gone, it is more difficult to connect. (you become kind of a leper!)

Also - Start beefing up your resume while you still remember everything, and while you still have access to reports.  Hiring managers want to see quantifiable results, they want to see NUMBERS.  You will need to show RESULTS.  So start thinking along the lines of the way you have improved things at the bank and for your clients.  (not just "responsible for..." -- you have to say "improved this by X".

Also - have you already signed the severance?  I learned - too late - that those are negotiable.  Play up that pregnancy and scare them for more money! (or maybe not)

Good luck!

[laohaire]

Since there was a buy-out and the entire department was dismissed, I think it would be difficult to prove that they laid you off because you are pregnant (and it doesn't sound like they did).

I agree with the PP, this is pretty good timing for you.

[Elizabeth2010]

No, I did not sign severance package yet (it is 12 weeks of full pay as well as 12 weeks of medical coverage). My biggest concern is medical insurance-12 weeks are over at the end of august and I am due on October 1^st, so there is almost a month gap between my due date and last day of medical coverage. Do you think I can negotiate the length of insurance?

Thanks again. I appreciate any info or advice

[MisaGoat]

Are you eligible to be on anyone else's insurance?

I was in a similar situation last year, I was laid off as a department along with lay offs through out the organization when I was pregnant. I took my severance, filed for unemployment and was on my husband's insurance.

It is legal to fire you while you're pregnant, but not for being pregnant. It doesn't sound like they let you go for being pregnant and even if they did it would still be hard to prove.

I would recommend filing for unemployment, medicaid asap and figure out where to go from there.

You can file unemployment in NJ online. I think it is easier to actually go to the office if there are any problems than to call on the phone.  Also in NJ you are eligible for short term disability AND family leave right after (back to back).

Good luck, I know this is unplanned but you should be able to work it out. 

[Wild Lupine]

I'm sorry about the lay-off, especially if you loved your job. However, I agree with the PPs that it might be a blessing in disguise.

About the insurance, in my state pregnant women are covered under the state's CHIP (Children's Health Insurance Program). They probably are in your state, too, as it may be a federal mandate. Premiums aren't necessarily free, but they will likely be very affordable (I pay $45/month for each of my kids, for example. I'd pay more if I earned more, and nothing if I earned much less). Google your state's name and CHIP and you should get information about this. A month or so after you give birth you'll need to find other health insurance, though your baby can continue on with CHIP, but at least this will cover prenatal care and the birth.

[Super~Single~Mama]

Since you haven't signed the severance, I would try REALLY hard to get them to extend the coverage until November (so that in case you go to 42 weeks or longer you are covered)

Then, I would sign up for any government insurance that is available for pregnant women, and see if you can use it as a "secondary" insurance.  In my state, when someone has insurance through their employment, and qualifies for medicaid (generally pregnant women, since its very easy to qualify for medicaid when pregnant here), the primary or employer's insurance covers the bulk of the medical, and medicaid covers the co-pays.

Also, you may not qualify to do that while you are recieving your severance pay, but then you should have the paperwork for state medical all filled out and ready to hand in the day that pay ends - b/c its very possible that when your household goes down to one income you will qualify.

Also, you are unlikely to be able to get your pregnancy covered by your DH's insurance since it will be a "pre-existing condition" - play that up when you negotiate the settlement.

Honestly, I would see if you can get a free consult with an employment law attorney b/c they will have answers for you on many of these things.  (and may be able to negotiate a better severance package that even with attorney's fees might be well worth it)

[crunchy_mommy]

Originally Posted by HappyMommy2 

It may be a blessing in disguise, mama.  You get almost 2 years of unemployment.  Might be nice to stay home with the baby for a while.

Not sure how this would work? At least in our area, you have to be available for work & actively looking for a job while receiving unemployment benefits. My DH was laid off and he needs to have a certain number of job-search contacts (applications & followups, interviews, etc.) each week and may have his activity log reviewed at any time. He also had to attend a mandatory career seminar and has to certify each week that he is actively looking for a job & hasn't turned down any offers. It is hard for me to imagine doing these things myself if I had a newborn baby to care for... Not to throw a wet blanket on the whole thing, being laid off CAN be a blessing in disguise, but it's not like she'll be able to just sit back & enjoy being with her baby for 2 years while she collects, you know? Just something to be prepared for (or maybe there is some regulation for pregnant/new moms that I'm not aware of...)

Anyway, OP, I would definitely see if you can negotiate the coverage -- even if they can't give you more than 12 weeks of the coverage they've been providing thus far, maybe they can continue to pay half after the 12 weeks??? Or negotiate a larger monetary amount so that you will be able to pay for COBRA (I'm not sure if you'll qualify for COBRA based on your termination date?)

This must be such a stressful thing to have to deal with right now!

[MisaGoat]

If you are eligible to be covered under someone's insurance, pregnancy should not count as a preexisting condition (group coverage to group coverage). I was able to be added to my husband's insurance while pregnant, outside of the open enrollment period because I lost my coverage. We needed to provide a letter from my HR stating that I wasn't eligible for insurance after a certain date. 

Good luck. 

[Super~Single~Mama]

Originally Posted by MisaGoat 

If you are eligible to be covered under someone's insurance, pregnancy should not count as a preexisting condition (group coverage to group coverage). I was able to be added to my husband's insurance while pregnant, outside of the open enrollment period because I lost my coverage. We needed to provide a letter from my HR stating that I wasn't eligible for insurance after a certain date. 

Good luck. 

I don't know exactly how all that works, but it should be found out before any severance package is signed and finalized.  A call to the insurance company and speaking with someone in the "know" about that particular insurance plan should sort out whether or not she will be covered if she switches insurance companies.