Employment Law Questions? Ask an Employment Lawyer.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
If there's a legitimate reason for letting her go that has nothing to do with her pregnancy (and she's refusing to provide doctor's notes to support that she's missing work for a legitimate reason), it may be to your benefit to document that in case she tries to claim you're firing her due to discrimination. You may need to be able to establish that you had a valid, non-pregnancy related reason for letting her go.
With that said, the Family and Medical Leave Act doesn't apply to any employer with fewer than 50 employees, so you're not required to let her come and go at will just because she's pregnant. The Pregnancy Discrimination Act only applies to employers with 15 or more employees. You're business is so small that you have more protection.
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