Q: I was laid off while pregnant.
Since having my first child in January 2023, there were a few instances of discrimination such as being turned down for an additional role that I was more than qualified for and the reason being communicated that I was a new mom. I became pregnant again in July 2024 and told my manager in Aug 2024. Up until the end of Q3, I was ranked number 7 out of 70 sales rep, in likely contention to win the highest award at the company, top rep in my region and a $60k bonus. In Q4, I received an unattainable sales goal, out of line with any increase or goal I’ve ever received. When I confronted my boss about the significant and unattainable increase, she said “you’ve made money this year and your peers have not. Because of this, I lost out on both awards and the $60k bonus. Then, at the beginning of the year, I was laid off with 4 other sales reps out of 70. I was offered 6wks severance for 6 yrs employment. Do I have a leg to stand on by asking for 21wks (until due date plus 6wks maternity leave)
A: You can ask, but they may not give it to you. However, if you have suffered discrimination based on pregnancy, you must file a charge with the EEOC within 180 days of the discriminatory action. If you do not, you will lose your legal rights. Also, if you sign a severance agreement it will contain a release of claims, and you will also lose rights. You should also consult with an experienced employment attorney as quickly as possible.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
