When you first learned you were pregnant, you were probably excited about the future. But when it came time for maternity leave, your employer suddenly “let you go.” Not only is this upsetting, but it’s a layered form of employment discrimination. And even though you might feel defeated after a maternity leave firing, several laws at the federal and state levels protect people just like you! After experiencing this form of wrongful termination, trust pregnancy discrimination lawyers to fight for justice.
If your employer fired you before or after taking maternity leave, you need a specialized gender discrimination lawyer to prove that your maternity leave request caused your termination. They will help you receive payment for lost wages and other damages so you can move forward.
Laws That Protect Against Maternity Leave Firing
Maternity leave is a legal right for many employees. And if your employer fires you to skirt around family leave, it is a form of employment discrimination. At the federal level, several laws protect working parents just like you. These include:
- Family and Medical Leave Act: This law mandates 12 weeks of job-protected leave for childbirth, among other qualifying life events. It prohibits employers with 50 or more employees from terminating eligible workers for taking maternity leave.
- Pregnancy Discrimination Act: Under Title VII, this regulation makes pregnancy-based firings a form of gender discrimination for employers with 15 or more employees.
But those are not the only protections in place for maternity leave. At the state level, New York provides additional layers of legal defenses, including:
- Paid Family Leave: This state law guarantees a return to the same job or a comparable role after up to 12 weeks for parental bonding. Employees also receive paid leave based on a percentage of their average wage. The maximum benefit is $1,228.53 per week.
- Paid Prenatal Leave: This regulation provides 20 paid hours per year for prenatal healthcare.
- NY Human Rights Law: This bans maternity-related firings for employers with a total staff of four or more. It requires accommodations and allows one-year complaints to the NY Division of Human Rights or three-year lawsuits.
When you’re expecting, but you’re terminated before taking maternity leave, your employer likely broke more than one of these laws. If you’ve been fired because of childbirth leave, pregnancy discrimination lawyers are a lifeline to hold your employer accountable and secure compensation for what was lost.
How Pregnancy Discrimination Lawyers Bring Justice
Wondering how pregnancy discrimination lawyers bring justice after your termination?
These family leave attorneys start by building your case to tie your pregnancy to your termination. They will gather evidence from performance reviews, attendance records, leave paperwork, and the timing of complaints and leave requests.
Next, they identify all the laws your employer broke. They may file a formal charge of discrimination with the Equal Employment Opportunity Commission or the NY Division of Human Rights.
Eventually, your lawyer will either settle your case or take it to court to secure damages. To avoid going to court, an attorney will also send negotiation letters demanding reinstatement, back pay, and damages.
A pregnancy discrimination lawyer will make the argument to seek damages for:
- Back pay
- Future lost wages (if it’s not realistic to reinstate you)
- Emotional distress
- Legal and attorney fees
If the employer refuses to settle the case fairly, the lawyer will bring the matter to court, exposing discrimination and challenging the employer’s reason for termination. Ultimately, they will secure a payout that rectifies the boss’s violation of their employee’s right to maternity leave.
Do you suspect you were fired over maternity leave? Are you looking for a pregnancy discrimination attorney you can trust? Reach out to Michelle Cimino! She is a proud pregnancy rights advocate with 20 years of experience in employment discrimination law. She will work with you after your maternity leave termination to make a quality case demonstrating that your employer broke federal and/or state laws.
Fired Because of Maternity Leave? Book a Confidential Consultation
If you were terminated because of maternity leave, it’s likely a form of employment discrimination. Federally, if your employment situation meets certain criteria, you have the legal right to parental leave. And in New York, there are even more protections. Trust pregnancy discrimination lawyers like Michelle Cimino to advocate for compensation on your behalf. She will start by creating a timeline of events, proving that your termination was related to your request for leave. Then, she’ll identify all the laws your employer broke when they fired you, finding every avenue to hold your employer accountable. Lastly, she will either settle with your employer or take the case to court to recover damages.
Schedule a confidential consultation today to learn what your case may be worth!
