Was My Pregnancy the Real Reason Behind My Termination? Seeking Advice and Insights

Hello Friends,

My name is Nisha. I was working as a CTM (Admin Manager) for one of the centers (Chandivali branch) called Red Bricks Pvt Ltd. My joining date here was 4th November '16, and I was pregnant in May '17. I had informed my management verbally about my situation and once followed up for my confirmation letter as I completed 6 months of my probation. I was asked to serve a PIP on 04 July 2017 (below is the mail):

Performance Improvement Program Notification

Dear Nisha,

Based on our telephonic conversations and the repeated issues we have been facing with you, they are noted below. We are putting you in a performance improvement program for the period of 1 month, where we will be looking at you to focus on these factors and improve your performance as per the company standards.

- Adhering to the shift timings
- Grooming as per the standards
- Center readiness and presentation

Please note, if there is no satisfactory improvement on the above by 31st July 2017, we would regret to provide you with a 1-month notice to move on with your professional career. We request you to understand the criticality of this email and act accordingly since we wish to have you with us for a long time, but we are not getting sufficient support and integrity towards your job role from yourself.

I wish you all the best, and let me know in case you need my assistance anytime during this period.

Regards,

As asked, I served the notice period (PIP) as mentioned. I again followed up for my confirmation letter verbally. They informed me they would give the confirmation through a telephonic conversation. But a few days later, I received another mail from my management on 16th Aug '17:

Termination Notice

Dear Nisha,

It is with deep regret that I wish to inform you that we will no longer be interested in keeping your position as CTM in Chandivali Tex Centre.

Your non-presence at times when we have come and handling of vendors, clients, and support people has not been up to the mark.

We will not be able to continue like this.

You can please take this as a one-month notice period and consider your termination from 15th Sep '17.

Dear Nisha, though your post is a little lengthy, it lacks some essential details.

Performance Improvement Plan (PIP) Concerns

First, you have not mentioned your views about being placed on the PIP for one month following the completion of the 6-month period from the date of your joining. Had your performance been satisfactory, normally you would have been confirmed by the second week of May 2017. Was there any indication from the management about your underperformance before the letter placing you on PIP effective from July 4, 2017? In the absence of any negative feedback about your performance before completing the 6-month probation period, the decision of the management to place you on PIP for unsatisfactory performance after almost two months, especially after informing them about your pregnancy in July 2017, suggests an intention to terminate your employment to avoid providing you with statutory maternity benefits. Consequently, they terminated your services effective from September 15, 2017, using polite language. Since you were in a supervisory or managerial role, there is no point in contesting the merits of your termination.

Maternity Benefits and Legal Recourse

Secondly, did you formally inform them of your pregnancy before your termination? If you had done so, the termination cannot deprive you of your maternity benefits or medical bonus as per section 12(2)(a) of the Maternity Benefit Act, 1961, if it applies to the establishment. If applicable, you can appeal under section 12(2)(b) of the MB Act, 1961 within 60 days from the termination date to the Inspector under the Act for the area to determine the maternity benefit issue.