Summary
In New York, being fired due to pregnancy-related medical issues can be considered discrimination under the Pregnancy Discrimination Act (PDA) and New York State Human Rights Law. New York is an at-will employment state, but illegal reasons like discrimination are exceptions. If your employer has 50 or more employees within 75 miles, you might have protection under the Family and Medical Leave Act (FMLA). Its crucial to check if your employer is covered under FMLA and review your employee handbook or consult HR for clarity. If you have documentation indicating termination due to pregnancy, you may have a strong case.Full Conversation
In the state of new york can i legally be fired because i missed work due to being at the hospital if i provided the hospital documentation to my boss for the missed shift
New York is an "at-will" employment state, meaning employers can generally terminate employees for any reason, except for illegal reasons such as discrimination or retaliation. However, if you have protections under the Family and Medical Leave Act (FMLA) or other laws, you might have a case.
Do you know if your employer is covered under FMLA (employs * or more employees within * miles)?
I dont know
****, it's important to find out if your employer is covered under FMLA. If they employ * or more people within * miles, you might have protection. Otherwise, checking your employee handbook or consulting an HR representative could provide clarity. Do you have access to your employee handbook or an HR point of contact?
I was at the hospital due to pregnancy issues would that fall under diclscrimination
In New York, pregnancy discrimination is illegal under both state and federal law. If you were fired due to pregnancy-related medical issues, it could be considered discrimination under the Pregnancy Discrimination Act (PDA) and the New York State Human Rights Law.
Do you have any documentation or communication that indicates your termination was related to your pregnancy?
It was due to missing work monday from having to be at the hospitalnfor pregnancy conplications
****, you might have a strong case here. Being terminated due to pregnancy-related medical issues can be considered discrimination under the Pregnancy Discrimination Act (PDA) and New York State Human Rights Law.
- Pregnancy Discrimination Act (PDA): Protects against discrimination based on pregnancy, childbirth, or related medical conditions.
- New York State Human Rights Law: Prohibits discrimination based on pregnancy.
Do you have any written communication from your employer regarding the termination that mentions your pregnancy or hospital visit?
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