Provided by:  Jennifer Kirschenbaum, Esq.

March 28, 2019




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

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.