Miami, FL asked in Employment Law and Workers' Compensation for Florida

Q: Is this right can I do anything about it

I work for a intensive group home where you have to be PCM trained. I was 6 months pregnant and they made me get on the mat to do the physical retraint part and I was not to complete that part do to being pregnant the next day I had to admit myself to the hospital do to the pains and was having a threating miscarriage. I didn't lose my baby but I was scared if I took legal action I would lose my job

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Let me understand: your employer required you to do "the physical retraint part" (Perhaps you meant "physical restraint"?), but you were "not to complete that part". What physical activity, exactly, were you required to do? Did you ask to be excused on account of the fact that you were six months pregnant? And finally: did the hospital say that the threatened miscarriage was due to the activity you were required to perform?

It is doubtful that you could sue your employer. For one thing you did not have a miscarriage; thus the only damage you can allege is the expense of the hospital visit. And it is not clear that this was caused by the required physical activity.

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