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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default 9 Months Pregnant: Can I Be Laid Off if Position is Eliminated

    My question involves labor and employment law for the state of: NJ

    I work for a publicly held company, a little over a year now. I am currently 8 months pregnant and out on disability due to complications. There is a chance my doctor will release me to go back to work when my ninth month starts up til the birth of my baby.

    At the present time, my employer is restructuring and laying off people. There have been no layoffs in my department specifically, but I think there is a possibility that my position may be eliminated in the foreseeable future because the areas I am responsible for deal with departments that are undergoing reorganization.

    If I decide to go back to work when my ninth month starts, can I be laid off with no legal implications for the company if my position is eliminated?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: 9 Months Pregnant: Can I Be Laid Off if Position is Eliminated

    You cannot be selected for layoff BECAUSE you are pregnant. However, if your position would have been selected for layoff regardless of your pregnancy, being pregnant does not protect you. They don't have to lay someone else off instead because coincidentally you happened to be pregnant at the right time.

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