As a woman, you may decide to have children at some point in your life. When you make the decision to do this, it should not affect your job; however, there are times when it does. If your employer unexpectedly "let you go" from your job, you may be able to file a case against the company. Companies cannot discriminate in this way, and here are three things you will need to know in order to win the case.
Your number one objective is proof
One of the hardest parts of winning a wrongful termination case is proving that you were wrongfully fired, and you will need to hire an employment law firm to help you with this. The main objective of a case like this is proving that your employer fired you simply because of your pregnancy.
While it can be easy to win a case if your employer flat-out told you that this is the reason, but this rarely happens. You could, however, look at the situation, recent circumstances, and your employee handbook to find out if your employer handled the firing in an unusual manner.
Two things to look for
As you look into these things, here are some examples of evidence you may want to look for to prove your case:
- If employer followed protocol – If other employees had been let go from this company in recent months, how did your employer handle this? Were they given written warnings, or were other steps first taken? If so, and if this did not occur with you, it could be the evidence you need to win.
- Unusual reasons – An example of an unusual reason would be if you were fired because you did not have a certain type of college degree. This on its own would not prove anything; however, if your employer hired someone to replace you that did not have the degree they fired you for not having, you could use this to prove the case.
These are two good things to look into as you try proving your case, but your attorney may have other areas to investigate.
The Family and Medical Leave Act is a set of laws in place to protect employees from losing their jobs due to issues that affect their family, and this includes pregnancy. If you believe that you were wrongfully terminated simply because you became pregnant, contact an employment law firm for help. To learn more, contact a company like John Franco Law with any questions you have.