The employer appears to be doing this to avoid a lawsuit since she is pregnant. Legally, they can terminate her for performance issues even though she is pregnant. They cannot terminate her for being pregnant though. If there are genuine performance issues, then it is questionable as to whether she would be eligible for unemployment benefits
since the reason for being unemployed must be through no fault of the employee.
In addition, she would not be eligible for the COBRA subsidy if the employer can actually prove that there are performance issues unrelated to her pregnancy. If this is the case, she should not force them to terminate her, but would be eligible for disability benefits while her physician indicates that she cannot work due to the pregnancy.
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