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| *Ostroff, Fair and Company>>>Law & Legal |
How can I fire a pregnant woman? |
I have two employees. One has been with me for a few years. The other has been with me for about 3 months, she is pregnant, and told me she will not be coming back after her baby in January. I can not afford her any more and want to let her go but I do not want to have a lawsuit because she is pregnant. Explain, you cannot keep two people. The choice was made by seniority. The other person was there longer, therefore the one with the shortest time on the job is being left go. Continue, this has nothing to do with job performance, but you cannot afford to have two people on the job. You haven't even mentioned pregancy, and it has nothing to do with your decision. if she brings it up, expain you will not contest her claim for unemployment. She will be out of work through no fault of her own. If you would feel more comfortable speaking with your lawyer first, then, do it. But do it soon and get it oiver with. Well if she indeed said that she WILL NOT be coming back, isnt that grounds for letting someone go?? You should speak with an employee lawyer. What you can can do & say. Or Just tell her that your moving. Even if your moving across the street. Saves your tooshie. A lot depends on how you word your letting the pregnant woman go. Explain the situation to her emphasizing that it is strictly because of your not being able to have two employees and that the decision was based on seniority and not performance. Send a letter to her after you conference and ask her to sign it. I would also give her a couple of weeks severance pay in order to mollify her. Under no circumstances should you hire a second employee until after a considerable amount of time has passed. There are lawyers who specialize in employment law. Speak to one of them. All of this may not be worth the trouble and expense if she expects to leave soon anyway. Of course she always could change her mind. Employers think that they cannot fire someone that is pregnant or on maternity leave, and that just isn't so. Pregnancy, is legally the same as short-term disability, if that tells you anything about how you should handle it. Legally, she has to go through the EEOC first, b/c Federal Court judges require that you exhaust your sources with the EEOC first. The KEY thing is to not give any reason. She just "isn't working out". You are not required to elaborate any further. You are keeping one pregnant employee and not the other...that is you defense that you are not being discriminatory...b/c if you were, you would be letting BOTH of them go. Her being new and voicing her desire to leave early (regardless of the reason) is another point in your favor. You are not required to serve as her temporary employer. My recommendation is to terminate her on a Monday (that way she can still look for another job and not have to be upset all weekend), and just say, "We are sorry, but today is going to be your last day." Keep it short, simple, do NOT disclose a reason. If she gets angry and threatens to sue, just say, "We are sorry you feel that way....we wish you luck on your future career." Employers screw up by talking to much. Offer her a two-week severance package as a good-gesture. |
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