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Could I get fired for being Pregnant?

in my job I have to stand up for 7,5 to 9 hours. Can I sit down when I feel like I need to without being fired? Could it be a legit reason for them to fire me because "I am getting payed for doing nothing"? I am not saying sitting down for 4 house out of the 8 but maybe about 3 to 5 mins an hour, twice an hour?

I see cashiers sitting down, but in my line of job I have to be on the move so I cannot do the job while sitting down.

Answer Question

Asked by Anonymous at 9:13 PM on Jul. 7, 2011 in Pregnancy

Answers (10)
  • As long as you are doing your job and not slaking off, they cannot fire you specifically for being pregnant unless they want a discrimination lawsuit on their hands.

    Answer by Jademom07 at 9:15 PM on Jul. 7, 2011

  • no they can't fire you get a doctors note saying you need a 5 10 min break every once in awhile. I was standing 10- 12 hours a day where i use to work and it was 120 degrees most days needless to say I got notes.

    Answer by letlovegrow2524 at 9:17 PM on Jul. 7, 2011

  • I think they would be very hesitant, but I would get something in writing from your doctor.

    Answer by Mom-2-3-Girlz at 9:19 PM on Jul. 7, 2011

  • It is illegal to fire you just because you are pregnant. I would talk to your doctor and get a medical note stating that you need to be allowed breaks every hour.

    Answer by amandajoy21 at 9:21 PM on Jul. 7, 2011

  • I've worked in employment law both at a law firm and in-house within a corporation so I've seen all sides of it. It's a fine line but generally they cannot fire you if you keep your performance up. If they can prove that you're not being productive then they can fire you. You may want to ask about possibly moving to another job or work function where you can still contribute and work sitting down and just explain that you want to make sure you're still able to contribute while you're pregnant. That's a reasonable request. It does depend on your line of work though. If your line of work requires constant motion, then they can fire you or lay you off. I don't know the details of your situation but I would advise getting a free consultation from an attorney that specializes in employment law just to make sure you don't have a case. Good luck!

    Answer by hellokittykat at 9:28 PM on Jul. 7, 2011

  • I ask husband who is an attorney and he suggest you get a doctor's note saying that you need to sit down for a few minutes every hour.

    Answer by slick05 at 9:30 PM on Jul. 7, 2011

  • thanks you ladies for all your help, seeing all you supportive answers and advise made me almost tear up now! :-)

    Comment by Anonymous (original poster) at 9:33 PM on Jul. 7, 2011

  • It depends on your job. My husband's company doesn't hesitate (he's not HR) to fire temp workers who become pregnant. The idea is that they can no longer do all of their job responsibilities - lifting, being on your feet for 8 hours straight, etc. Also, some states don't require a reason when the fire you so they wouldn't have to say it was because you were pregnant. From a business aspect, it does make sense to replace a worker who can no longer do their job.

    Answer by scout_mom at 9:42 PM on Jul. 7, 2011

  • P.S. Sometimes the company handbook also addresses their policies regarding pregnancy situations. I would double check the policies to see if they have already have something. I once advised someone who did not read their company's handbook that the handbook clearly stated that if they were disabled and not able to work for certain number of months or did not provide regular updates on a short term disability that he could be let go and that's exactly what happened. It's employment at will for both the employer and employee. There's no contract if you're an hourly non-exempt worker. If you can prove that your performance hasn't otherwise diminished, you may have a case. It really depends on the details so sorry I can't say more. I know one person who was let go a month after she returned from maternity leave b/c they said her performance was poor and distracted.

    Answer by hellokittykat at 10:08 PM on Jul. 7, 2011

  • talk to them thats all you can do

    Answer by aliciareichle at 3:17 PM on Jul. 8, 2011

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