QUESTION
Did my employer breach my contract by terminating me without notice when my contract said a 14 day written notice was required?
Asked on Nov 06th, 2014 on Labor and Employment - Ohio
More details to this question:
On 9/4/14, 6 weeks before I was due with my husband & I's 4th child, I was terminated from a very small CPA company without warning. When I asked why, the very first thing the owner said was "I really can't say." After I pressed for some reason, he said it was better for his business, and for my family, and he could tell I was a high level accountant and more of a manager than a data processor and he needed a data processor. Approximately 1 month earlier we had discussed my plans for when I had baby, and I said I hoped for at least 6 weeks off, and yes, I was planning to use my PTO (80 hrs). Upon termination and on the spot, he paid me my 80 hrs, which he then subsequently claimed to the Unemployment office that those hours were for 2 wks pay. I believe I should still be owed 2 wks pay (related to breach of contract), and I suspect discrimination due to my pregnancy or something NOT work related. Can you help?
1 ANSWER
You would have to prove your termination was for an unlawful reason. Depending on the size of the employer, you may have a claim for pregnancy discrimination if you were terminated because of your pregnancy. The two weeks pay must be reported to unemployment anyway (as would severance). To be protected by the federal laws against discrimination because of pregnancy, your employer must have 15 or more employees. The number of employees is only 4 employees to be protected by Ohio's laws against discrimination. Feel free to contact our office if you think this applies.
Ohio employment attorney www.mcoffmanlegal.com
Answered on Nov 07th, 2014 at 8:19 AM
Matthew J.P. Coffman The answer provided is not legal advice and it is recommended that you seek advice of an attorney. My office # is 614-949-1181.