Sent home from work due to pregnancy. UNEMPLOYMENT?
March 17, 2020 4:53 PM Subscribe
A family member who works at a dermatologist's 's office and has been able to maintain appropriate distancing has been told not to come to work anymore due to the fact that she is pregnant, and they don't want her exposed to COVID-19.
This is in New Jersey. She is a bit less than a full-time employee.
Is she eligible for unemployment compensation? Or sick leave? She was planning to work for 2 more moths until her due date.
Yes, she may be eligible for worker's compensation or UI benefits if she is on leave without pay.
posted by notquitemaryann at 5:38 PM on March 17, 2020 [1 favorite]
posted by notquitemaryann at 5:38 PM on March 17, 2020 [1 favorite]
She might have an EEOC claim too.
posted by OrangeVelour at 5:48 PM on March 17, 2020 [6 favorites]
posted by OrangeVelour at 5:48 PM on March 17, 2020 [6 favorites]
Yeah this is... illegal. They are not allowed to make this decision for her. She should be speaking to a lawyer. And, obviously, filing for unemployment until then.
posted by brainmouse at 5:51 PM on March 17, 2020 [18 favorites]
posted by brainmouse at 5:51 PM on March 17, 2020 [18 favorites]
If they used those words specifically she will have a strong case for discrimination. She should call the local unemployment office and ask for the contact number for Equal Employment Opportunity Center, write down the hours she is missing and contact an employment law attorney
posted by The_imp_inimpossible at 10:10 PM on March 17, 2020
posted by The_imp_inimpossible at 10:10 PM on March 17, 2020
Get Legal Help "Legal Services of New Jersey (LSNJ) coordinates the statewide Legal Services system in New Jersey, providing free legal assistance to low-income people in civil matters."
posted by katra at 11:35 PM on March 17, 2020 [1 favorite]
1-888-576-5529 The LSNJLAW Hotline is open from 8:00 AM to 5:30 PM Monday - Friday. This service is provided at no charge, but applicants must be financially eligible to qualify. Legal help is available in all languages and to the hearing-impaired. All calls are strictly confidential. [...] Please understand that high call volume may mean you will have to wait to talk to an intake worker. You can avoid the wait and contact us through our online intake questionnaire.More information about getting a lawyer is available at the MeFi Wiki Get a Lawyer page. The National Employment Lawyers Association also offers an online directory. State laws may also apply, e.g. from the NJ Office of the Attorney General, Division on Civil Rights:
The New Jersey Law Against Discrimination (LAD) prohibits employers from discriminating in any job-related action, including recruitment, interviewing, hiring, promotions, discharge, compensation and the terms, conditions and privileges of employment on the basis of any of the law's specified protected categories. These protected categories are: race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy [...]AskMe is not able to provide legal advice about how laws apply to this particular situation, but a consultation with lawyer in your jurisdiction should be able to help answer these questions.
posted by katra at 11:35 PM on March 17, 2020 [1 favorite]
Disclaimer: IANAL.
No business in the US is allowed to decide, "We, the company, have decided this health risk is unacceptable for your particular circumstances--but other employees are allowed to risk it." It runs into disability discrimination, family-status discrimination, and potentially various other issues. (Imagine: "Because you're young and female, there's a chance of you getting pregnant; since we're working with toxic chemicals for the next six months, we're firing you now.")
If the CDC announces that pregnant people are at higher risk and need to take extra precautions, her employer might be allowed to fire pregnant workers... but probably not.
She's almost certainly eligible for unemployment (file right away, as noted), and may have a whopping big lawsuit on her hands, because "oh, this job is just unsafe for pregnant people" has been thrashed out in the courts very solidly.
posted by ErisLordFreedom at 11:13 PM on March 18, 2020
No business in the US is allowed to decide, "We, the company, have decided this health risk is unacceptable for your particular circumstances--but other employees are allowed to risk it." It runs into disability discrimination, family-status discrimination, and potentially various other issues. (Imagine: "Because you're young and female, there's a chance of you getting pregnant; since we're working with toxic chemicals for the next six months, we're firing you now.")
If the CDC announces that pregnant people are at higher risk and need to take extra precautions, her employer might be allowed to fire pregnant workers... but probably not.
She's almost certainly eligible for unemployment (file right away, as noted), and may have a whopping big lawsuit on her hands, because "oh, this job is just unsafe for pregnant people" has been thrashed out in the courts very solidly.
posted by ErisLordFreedom at 11:13 PM on March 18, 2020
This thread is closed to new comments.
posted by praemunire at 5:36 PM on March 17, 2020