Fired For Being Pregnant

I love my cat! · Jan 30, 2008

I found this site:

http://www.eeoc.gov/facts/fs-preg.html

Has some excellent information.

KCIN · Jan 30, 2008

I found this site:
http://www.eeoc.gov/facts/fs-preg.html
Has some excellent information.

thanks alot. we shall be seeing human resources and talking to some lawyers today.

nyapa, RN · Jan 30, 2008

Best of luck. You have a right to protect your child, and ultimately your family... :up:

feebebe23 · Jan 30, 2008

I might be wrong....but I have always been told in nursing there is no such thing as "light duty." (unless it is a work related injury) Your either there in full capacity or your at home. In the case of pregnancy...if your doctor takes you off of work you are on FEMLA for up to 12 weeks....you need to have short term and/or long term disability to help with income and paying insurance premiums.

I worked as a nurse during my entire pregnancy....uncomplicated pregnancy mind you. I always performed my job well and my co-workers always helped with the heavy lifting when necessary.

There was another nurse there who refused to take a full patient load because she was "pregnant." She was fired....not for being pregnant....but for refusing to do her job. You can consult a lawyer....but I can promise your wife's employer documented the reason for her termination well.....and they didn't use the word "pregnant."

I'm not placing any blame on your wife....I know there are lots of unethical employers out there....sorry for your bad luck

TheCommuter, BSN, RN · Jan 30, 2008

Texas is a right-to-work state, meaning that workers can be terminated from their workplaces at any time and for any reason. Of course, your wife's former hospital would never list the pregnancy as the reason for the termination to avoid litigation. They have probably listed another reason for the termination to protect their interests.

Simplepleasures · Jan 30, 2008

Texas is a right-to-work state, meaning that workers can be terminated from their workplaces at any time and for any reason. Of course, your wife's former hospital would never list the pregnancy as the reason for the termination to avoid litigation.

Actually, the correct term for a state in which anybody can be fired for anything at any time is a "at will state".A "right to work state" is a state that IF you are employed at a place that has a union , you cannot be fired for refusing to join the union, hence you have the right to work. There are laws out there that protect employees from discrimination, be it pregnancy, disability, religion, ethnicity,etc. The EEOC is a federal agency that deals with this type of thing, there are also state agencies that handle theses cases also.

Home Health Columnist / Guide · Jan 30, 2008

Your wife was terminated, not due to pregnancy but because of "weight lifting restrictions". Tell her to look closely at her job description to see if it specifically states a listing for weight in it must be able to lift or pull. If there is no listing, then they are unable to fire her over it.

(Made me look at my staffs job description--office position --has 20lb wt limit. Hospital positions often have 50 or 75lb.)

If she had worked at facility over 12 months and 1000 hours, is eligible to take Family Medical Leave, esp if doctor gave her a note with wt restrictions prior to termination---needs to go to HR TOMORROW to request.

If anyone else in facility was permitted light duty under HR for medical condition (not work comp job related which is different rules) and she knows their names, facility doesn't have a leg to stand on.

Keep us informed.

Kymmi · Jan 30, 2008

Light duty usually does not exist in nursing UNLESS it is a on the job injury covered under worker's comp....then the hospital will provide light duty. If your wife has a weight lifting restriction that is the cause for her not being able to work but I agree that FMLA should have been instituted unless she doesnt have the hours/time into the hospital that is required.

As far as her pregnancy restrictions it wouldnt be viewed any differently than if I injured my back sking and was told I couldn't lift more than 25lbs...I wouldnt be able to return to work until the restrictions were lifted however I could apply for FMLA.

CarVsTree · Jan 30, 2008

thanks alot. we shall be seeing human resources and talking to some lawyers today.

Scratch that and reverse it... we shall be talking to some lawyers today and then seeing human resources.

They're already acting illegally, find out what to do/say or not do/say or better yet, have your lawyer contact HR.

This is 2007, right???

kmn360 · Jan 30, 2008

Hi,

Lots of good advise. But she is protected by law and even in Texas, it is illegal. Yes they may try to say it is something else, but in most cases they do not win in court. I would contact the lawyer 1st and HR second or better yet let them contact the HR department. There are a lot of mangers who try to by pass the HR department and get bit in the end. I hope this is the case for you.

Good luck and congratulations!

APBT mom, LPN, RN · Jan 30, 2008

Did your wife get a letter/note for work from here OB/GYN saying that she was unable to lift anything over 25 lbs? If so that's probably what got her fired even though it's pregnancy related. Most hospitals require for any position a certain weight that employees must be able to lift and if they can't meet that requirement they are no longer "qualified" for that position.

Most larger facilities have COBRA insurance where you can pay for the premiums yourself from the termination date until it's no longer needed but it is expensive.