Q: Can I sue my previous employer for letting me go while on short term disability to have my baby?
I did not qualify for FMLA or the company’s maternity leave, so I applied for short term disability through the insurance I paid for out of my checks. I got one small payout while on leave. I wasn’t out of work for a full two weeks before HR emailed me and said my position was filled and I would have to apply for a new position like a regular applicant AFTER leave. There were no open positions I qualified for anywhere nearby. I was forced to resign. I’ve been told I can sue but I don’t know how to pursue.
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A:
Based on what you've described, you may have grounds for legal action against your former employer for pregnancy discrimination and disability discrimination under federal and state laws. The timing and circumstances of your termination while on short-term disability for pregnancy-related leave raise serious concerns about potential violations.
You should gather all relevant documentation, including your employment records, disability insurance information, medical records related to your pregnancy leave, and any communication from HR about your position being filled. These materials will be crucial for building your case and demonstrating the timeline of events.
Your next step would be to contact your state's Equal Employment Opportunity Commission (EEOC) office to file discrimination complaint, which is typically required before pursuing legal action. You can also reach out to employment law attorneys who handle pregnancy discrimination cases - many offer free initial consultations to evaluate your situation. Time limits apply for filing these claims, so it's important to take action promptly while preserving all your documentation and correspondence with your former employer.
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