Termination of a Pregnant Employee
RebeccaAnn
5 Posts
We need help!!!
Recently, a client of ours (they outsource their HR through us) has come to us wanting to lay off a pregnant employee. This employee has had good but not outstanding performance reviews in the past. She works as a Customer Rep. and takes care of certain groups of clients. Back in March, she took on a client, announced she was pregnant in June,and by August she felt that it was too much work and asked for this client to be given to another employee. Our client has a lot of seasonal type work, and feels as though they need to lay off someone in the Customer Service dept....and they feel that this pregnant employee is the least productive, and would like to lay her off. We are very hesitant about the situation- due to discrimination and the fact that they have no negative documentation. Can anyone give us some advice on this matter???!!!!!!
PLEASE HELP!!!!!!!!!!
Recently, a client of ours (they outsource their HR through us) has come to us wanting to lay off a pregnant employee. This employee has had good but not outstanding performance reviews in the past. She works as a Customer Rep. and takes care of certain groups of clients. Back in March, she took on a client, announced she was pregnant in June,and by August she felt that it was too much work and asked for this client to be given to another employee. Our client has a lot of seasonal type work, and feels as though they need to lay off someone in the Customer Service dept....and they feel that this pregnant employee is the least productive, and would like to lay her off. We are very hesitant about the situation- due to discrimination and the fact that they have no negative documentation. Can anyone give us some advice on this matter???!!!!!!
PLEASE HELP!!!!!!!!!!
Comments
Does another ee who is compensated at the same level, have the same experience, and have the same tenure as she, have better or worse performance reviews? Do they have better or worse attendance records, are they more or less productive.
I would strongly suggest that when you look at the paper and not the person, you have a solid and justifiable reason to term this ee. Because if she does decided that she wants to file a discrim. claim, the courts are going to want to see paper. They will never be able to see her poor attitude or her laziness. All they will see is that another ee with a worse personnel record was kept and a pregnant ee was let go.
I have termed a prego before, but this was after counseling and coaching. She just wouldn't improve. I had no hesitations b/c I knew it was the right decision.
Unless she is less productive right now because she is pregnant - morning sickness, tired, just not feeling well - and that is her reason for asking to be removed that client. But that's California. With our strict pregnancy laws, I would want to have more information.
Elizabeth
7. Can an employee be laid off or fired while pregnant or on maternity leave?
Not because of the pregnancy or related medical leave. However, if the employer is conducting a general reduction in force then her position may be included. The reduction in force must be based on business needs. Also performance problems can be addressed while the employee is pregnant.
8. At what time in the pregnancy must the employee stop working?
The employee and her medical provider decide when she must stop working. There is no standard time when a pregnant employee needs to stop working. If the employee is medically able to work she can work until she delivers the baby.
13. Can I expect to have my job duties altered to accommodate my medical condition because I am pregnant? If there were an abnormal physical condition, asking for a change of job duties is considered a reasonable accommodation. Changing minor job functions can be a reasonable accommodation. The employer does not need to make major changes in job duties in order to accommodate an employee. Follow the employer’s normal way of asking for a change at work.
14. Can an employer decrease an employee’s work hours because she is pregnant?
An employer must treat a woman who is pregnant the same as any other employee. An employer must have a business reason for changing the employee’s work schedule. If decreased hours are part of a reasonable accommodation request by the employee the request should usually be granted.