Pregnant and Fired: Can I Sue My Employer for Unfair Termination During Probation?

I'm a specialist doctor with three years of experience. I joined a trust-run private missionary hospital. After one year of probation, they terminated me verbally, pointing out minor tasks as grounds for non-performance. There was no communication of my alleged underperformance or warning before termination. The appointment letter states a one-month notice period on either side and also mentions a one-year probation case review after a year.

I'm seven months pregnant, and I feel they are maligning me to avoid providing maternity benefits. I feel like suing. What are my rights?

Termination During Probation Period

There should be a specific clause about the termination of employment during the probation period. Normally, the service will not be confirmed once the original probation period is over. It requires written communication. Therefore, I presume you are still on probation.

If the appointment order has a clause stating that your services may be terminated during the probation period "without notice and without assigning any reason," then your termination cannot be questioned. However, if the reason for termination, such as non-performance, is mentioned in the termination letter, you can question it and defend the order by stating that you were not given an opportunity to be heard or improve your performance. In such a case, the employer should also clarify the benchmark and how the employee's rating has been determined.

According to the Maternity Benefit Act, terminating a pregnant woman employee during pregnancy or while she is receiving maternity benefits is illegal.

Regards, Madhu.T.K