QUESTION

Do I have any rights if I am made to "voluntarily" terminate my position due to the fact that I am pregnant? I am not entitled to FMLA.

Asked on Apr 18th, 2012 on Labor and Employment - Florida
More details to this question:
I will have worked in my position for 8 mos by the time I will have to go on maternity leave. I was told that due to the fact that I will not be there for the 12 mos, I cannot take any type of FMLA. I have the option of taking a 30 day unpaid leave, but after which I will voluntarily terminate my position. Does this also mean because I am "voluntarily" terminated my position I am also not entitled to unemployment benefits as well? The fact that I have to leave due to pregnancy does not settle well with me considering I would not have to leave under another circumstance, nor would a male counterpart have this issue. From what I have read, I have no rights because I have not been in my position for a year. Is this true?
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1 ANSWER

Personal Injury Law Attorney serving Coral Gables, FL
1 Award
You may be able to file a job discrimination lawsuit. It is illegal to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.  The federal Pregnancy Discrimination Act forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.  According to the U.S. Equal Employment Opportunity Commission (EEOC), harassment is illegal "when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted)."   The first step is to contact an attorney or the EEOC and request an evaluation of your situation for possible discrimination.  There are time limits which you need to be aware of if you want to preserve your right to sue.  You can learn about your rights at http://www.eeoc.gov/laws/index.cfm. You can also have a preliminary evaluation by the EEOC online. https://egov.eeoc.gov/eas/.  
Answered on May 28th, 2012 at 12:29 PM

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