Fired for Low Performance While Pregnant – Is This Legal? Seeking Advice and Support

Hello, my boss fired me on account of low performance, knowing full well that I have been pregnant for 7 months. Despite this, he proceeded with the termination. Can he legally do this?

Hi, I hope you have informed your employer about the pregnancy. An employer cannot terminate an employee during pregnancy, even if the reason for termination is low performance. It is against the law.

Hi Priyanka,

It is illegal to terminate an employee based on pregnancy. This is typically protected under laws related to pregnancy discrimination or maternity leave. However, specific laws and protections can vary depending on your location.

You should consult with a legal professional who is familiar with the labor laws in your jurisdiction. They will be able to provide you with advice and guidance based on the specific details of your situation.

Keep in mind that it's important to document any interactions or communications related to your termination, as this could be useful if you decide to pursue legal action. Additionally, you may want to consider seeking advice from a local employment rights organization or union, if applicable. This information is not legal advice, and it's always best to consult with a qualified legal professional for advice tailored to your specific circumstances.

Thanks

If you are employed in Maharashtra, you may file an appeal to the competent authority, i.e., the Commissioner of Labour, having an office in Bandra Kurla Complex, using Form 5 attached.

Hi, your employer can't terminate you on a whim. Performance appraisal is not a valid or legal criterion for termination of employment. Your post gives the impression that your boss is acting irrationally.

The employee needs to inform the employer about her pregnancy with medical reports as support. If you informed your employer about your pregnancy prior to termination, it is illegal and void because the law prevents employers from terminating an employee during pregnancy.

You need to challenge this before the labor office in your official jurisdiction. Nowadays, people prefer to send their complaints to the PMO for a solution and intervention too.

In the respective state, you may file an appeal to the competent authority, i.e., the Commissioner of Labour, to submit the Form 22 document to claim maternity benefits.