I announced to my company that I'm pregnant on a Thursday. On Tuesday, they elimated my position because they want someone more senior. They're offering me three months of severance.

What are the realities of hiring a lawyer to try to get a year's severance? How do those cases normally end? How defensible is laying off a pregnant lady for wanting someone more senior?

This happened in an at-will state, but the Pregnancy Discrimination Act still applies from a federal level.

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I would definitely talk to an attorney. I had a different situation but revolved around my pregnancy and I was successful in that approach. An attorney will help you figure out if this is the right path to follow. I was shocked that my HR director in a large retailer allowed the things that happened to me. I was calm, had evidence I was doing a good job and denied opportunities based on my pregnancy. Took about 8 weeks to get a settlement. Whatever you do, don’t sign the separation agreement until you talk to an attorney and don’t tell them you are doing it. Just pay attention to the deadlines to sign so you know what timing you have to work within. 12 years later it still sticks with me BUT I am a better leader because of it. It taught me to have empathy and look out for people going through life changes. Hang in there and don’t let the stress affect you physically.

likeuplifting

So HR tried to screw HR, eh? I do 10000% agree, do not sign anything without consulting an attorney.

It shouldn’t matter if “it was in the works” prior to your formal announcement of pregnancy. There is such thing as backdating paperwork.

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I don’t know full logistics but want to make sure you have in writing that you notified the company of your pregnancy.

They are going to need in writing that they were intending on releasing you before your announcement.

Good luck and I’m so sorry this happened to you during such an exciting time in your life.

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Thanks. I notified HR and my boss in an email that Thursday. So much for maternity leave...

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First of all congratulations! A baby is wonderful news and sorry to hear you are dealing with this.

The EEOC has free mediation services, which you may want to consider. If you file a charge they will ask if you are willing to mediate a settlement. If your former employer agrees you can sit down and work things out without you having to share any recovery with an attorney. If it falls through, you can still proceed on a legal route with no harm and less stress to you. You’ll also find out during the mediation more about the situation and whether you are likely to win if you pursue.

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Lawyer up. Even the threat of a suit might get you a severance

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An attorney consult is the best way to get this question answered. I'd be curious if they have a paper trail showing they were planning this decision before knowing you were pregnant. There should be meetings on calendars with executive team, meeting minutes, etc. That's not a quick decision to make if not in response to your announcement.

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Definitely talk to a lawyer! That’s so fishy.

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Can you let us know what you end up doing? Would love to learn what you’re advised to do and if you’re able to get more. Good luck!!!

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I'm sorry. This happened to a friend but after her maternity leave was over. I believe that proof would need to be made that the at-will reason doesn't apply? And that discrimination was made on status? I'm so sorry this happened to you. The size of the company usually also matters a lot: the bigger company, the more protection. Is it a large corporation??

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PDA still applies and the legal climate is very protective of pregnant and post-parted women right now. Being a small company they probably just don’t realize what mess they got themselves into. But they may also have consulted their attorney before making the decision. It’s not a slam dunk that you will get more severance but it is a better than average shot so take it. Attorneys take about 30% of settlement so keep that in mind.

likefunny

this adds to so much sadness around the realties of life for women, discrimination and people imposing on very personal matters of choice.

this obviously wouldn’t happen if you were a man.

this would be less likely to have happened 6+ years ago before the sad state of politics and laws related to women’s reproductive health.

i have a lawyer in CA and can ask if she knows of someone in NC.
you need a lawyer.

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I have one, thank you ❤️❤️

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What state are you in?

I would get an attorney. I got released because they Heard that on my vacation that was coming up I was getting IVF. It got very messy for them. Even though to write to work state there are still discrimination laws. One month severance pay turned into 9 months severance pay when I was done

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Text me 508 269 2300 you need a special attorney.

I have an attorney in mind, thank you though.

I was not pregnant and the company in question let me go and put my severance tied to a gag order. So, don’t sign anything until you see a lawyer.

Realistically speaking, you want to leverage what you have to negotiate for more severance payments and have they cover cobra ( if that's a concern). You don't have to say anything. You know your audience, and try to ask for 8+ months, settle for 6 months. In my experience, legal battle is long, not the paid out is not as good as people think! In addition, the lawyer also takes a cut. So figure it out how much the company is willing to settle with you personally rather than spending time and money to have a lawyer on their side.

I would love to know what the statute of limitations is for this because in 2013 I was encouraged a C to not return and given only one month severance.

At-will doesn’t trump discrimination laws. Sign nothing and get a lawyer. Read up on the pregnancy discrimination act. Pull together positive employment reviews.

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