Losing a job is always a stressful experience, but being laid off while pregnant can feel especially overwhelming. Many women worry about the impact on their finances, health care, and job prospects. Fortunately, there are legal protections in place to help you navigate this challenging time. Swartz Swidler is here to provide the essential steps to take and guide you through your rights.
Know Your Rights Under Federal and State Laws
The first step after being laid off while pregnant is to understand the legal protections that may apply to you. There are federal and state laws designed to protect pregnant employees from unfair treatment.
Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act (PDA) prohibits employers from discriminating against employees based on pregnancy, childbirth, or related conditions. If you believe you were laid off due to your pregnancy, you may have a valid discrimination claim. This law applies to employers with 15 or more employees.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave for childbirth and bonding with a newborn. However, not all employers are required to offer FMLA leave, and not all employees are eligible. To qualify, your employer must have at least 50 employees, and you must have worked there for at least 1,250 hours in the past year.
You can learn more about the details of the FMLA and how it applies in New Jersey by reading our guide on Understanding the Family and Medical Leave Act (FMLA).
New Jersey Law Against Discrimination (NJLAD)
If you’re in New Jersey, you’re also protected under the New Jersey Law Against Discrimination (NJLAD). This law prohibits discrimination based on pregnancy or childbirth and applies to all employers, regardless of size. It offers greater protections than federal laws, making it easier for pregnant employees to file claims if they experience discrimination.
Steps to Take if You’re Laid Off While Pregnant
- Request a Written Explanation When you’re laid off, ask your employer to provide a written explanation of the reasons for your termination. This documentation can be crucial if you need to file a discrimination claim later. Be sure to keep any written communication, emails, or termination letters you receive.
- Document Everything Document any incidents or comments from your employer that may indicate discrimination based on your pregnancy. If your workload increased, you were excluded from meetings, or your boss made negative remarks about your pregnancy, these details can help build a strong case.
- File for Unemployment Benefits Being laid off while pregnant doesn’t mean you’re ineligible for unemployment benefits. In most cases, you should be able to collect unemployment if you meet your state’s requirements. If you’re unsure about eligibility, consider consulting Swartz Swidler for guidance on navigating the application process.
- Check Your Health Insurance Options Losing your job often means losing your health insurance, but options like COBRA allow you to continue your coverage temporarily. You can read more about your health insurance options through COBRA if you’ve lost your job while pregnant.
- Contact the EEOC or NJ Division on Civil Rights If you suspect your layoff was due to pregnancy discrimination, you have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights. Both agencies investigate discrimination claims and can take action against your employer if they find evidence of discrimination.
What Are Your Legal Options?
If you believe your layoff was illegal, you may have several options for seeking justice, including:
- Filing a Discrimination Claim: You have 180 days to file a claim with the EEOC or up to 300 days in some states, including New Jersey.
- Negotiating a Severance Package: You might be able to negotiate a better severance package by leveraging the threat of a discrimination lawsuit.
- Pursuing Legal Action: In some cases, filing a lawsuit against your employer may be necessary, especially if you have strong evidence of pregnancy discrimination.
If you need help with any of these legal steps, contact Swartz Swidler for personalized advice. You can also read more about how to file a workplace discrimination claim on our blog.
Protection Against Retaliation
It’s essential to understand that you’re protected against retaliation for asserting your rights. If you file a complaint or lawsuit against your employer, they cannot legally retaliate against you by cutting your benefits, giving you a poor reference, or blacklisting you in the industry.
For a deeper understanding of your rights against retaliation, you can explore our article on Workplace Retaliation.
Evaluating Severance Agreements
Many employers offer severance packages to laid-off employees, which might include a lump-sum payment, continued health benefits, or other perks. Before you sign any severance agreement, make sure to review the terms carefully. Some agreements may include clauses that waive your rights to pursue legal action for discrimination. It’s wise to have a lawyer review the agreement to ensure you’re getting a fair deal.
Our article on severance agreements offers more insights on this topic.
When to Contact an Employment Lawyer
If you’re laid off while pregnant, seeking legal advice from an employment attorney can be incredibly valuable. An experienced lawyer can help you understand your rights, evaluate your situation, and determine if you have a case for discrimination. We can also assist with negotiating severance packages or filing claims with the EEOC or NJ Division on Civil Rights.
How Swartz Swidler Can Help
Swartz Swidler has extensive experience handling pregnancy discrimination cases and other employment law matters in New Jersey and Pennsylvania. We understand how to protect your rights and can provide the guidance you need during this difficult time.
Get Legal Help Today
If you’ve been laid off while pregnant, you don’t have to face this alone. Contact Swartz Swidler today to schedule a consultation. We can help you understand your options, fight for your rights, and ensure you’re treated fairly.
You can reach us by calling our office or filling out our online contact form. Our team is here to support you and provide the legal assistance you need.
Final Thoughts
Being laid off while pregnant is an incredibly challenging experience, but it’s important to know that you have rights and legal options. By understanding the laws that protect you and taking the proper steps, you can ensure your rights are upheld and seek the justice you deserve.
For more resources and guidance, explore our other blog posts on employment law topics that may be relevant to your situation, such as workplace discrimination and family leave rights.
