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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 27216
Experience:  Former judicial law clerk, lawyer
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I have an employee who I needed to confront about her bad

Customer Question

I have an employee who I needed to confront about her bad attendance about a week ago. We discussed in writing. She informed me she is pregnant. She promised her attendance would improve (she is 5 months pregnant and no conditions which prevent her from performing her office desk job). She just called in again today and stated she hit her head and needed to go to the emergency room, but will not produce a Dr. note. Our company is only 8 employees so her absences are harmful to the company. Are we OK to terminate her employment, even though she is pregnant. Company in FL at-will we need to provide a reason when documenting her firing?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 6 months ago.


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.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

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