Article

Can I fire a pregnant employee?

 

Provided by:  Jennifer Kirschenbaum, Esq.

March 28, 2019

 

Question

Jennifer,

An employee of mine refuses to report to work in time, put her phone away and stop antagonizing other staff.  She has not told me, but I know she is pregnant.  Can I fire her? 

Thank you,
Dr. F


Answer
Yes.  You cannot fire her for being pregnant, however, you can fire her for insubordination and failure to abide by practice policy.  Just because an employee qualifies as a protected class does not mean that person can collect a paycheck without abiding by the employers rules or performing at their job.  With all employees, be sure to document noncompliance and/or poor performance.  Try to document contemporaneous to the deficiency and maintain in the employee’s record.  Try also to hold reviews with the employee and witness when a “record-able” issue has occurred.   
 

Looking for the KK Healthcare Exchange?  Click Here. 

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Looking for HIPAA and compliance forms?  
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Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
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Can I fire a pregnant employee? - March 28, 2019 - Jennifer Kirschenbaum

Article

Can I fire a pregnant employee?

 

Provided by:  Jennifer Kirschenbaum, Esq.

March 28, 2019

 

Question

Jennifer,

An employee of mine refuses to report to work in time, put her phone away and stop antagonizing other staff.  She has not told me, but I know she is pregnant.  Can I fire her? 

Thank you,
Dr. F


Answer
Yes.  You cannot fire her for being pregnant, however, you can fire her for insubordination and failure to abide by practice policy.  Just because an employee qualifies as a protected class does not mean that person can collect a paycheck without abiding by the employers rules or performing at their job.  With all employees, be sure to document noncompliance and/or poor performance.  Try to document contemporaneous to the deficiency and maintain in the employee’s record.  Try also to hold reviews with the employee and witness when a “record-able” issue has occurred.   
 

Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!