Vault: Can She Take Action After Being Fired For Being Pregnant?

Summary

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The Bert Show Episode Summary

Episode Title: Vault: Can She Take Action After Being Fired For Being Pregnant?
Date: March 31, 2026

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Overview of the Episode

This episode centers on a listener, "Lisa," who calls in after being fired from her part-time medical office job for being pregnant. Lisa seeks advice about the legality of her termination and what recourse she might have. The show’s hosts—along with guest callers with legal and managerial backgrounds—unpack the laws around pregnancy discrimination, the protections offered by the Family and Medical Leave Act (FMLA), and real-world employer conduct, delivering a mix of support, personal stories, and legal insight. The tone is conversational, empathetic, and at times, candidly critical of the employer's actions.

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Key Discussion Points and Insights

1. Lisa’s Situation and Immediate Concerns [01:02–02:11]

• Lisa’s Backstory:

  • Newly employed for about a month at a nationwide, medium-sized medical office.
  • Did not initially disclose her pregnancy (five months along) during the interview—legally not required.
  • After positive feedback on job performance, she felt comfortable disclosing her pregnancy.
  • Three days after disclosure, she was fired, with the paperwork citing her need for significant time off and inability to work required hours—this was explicitly linked to her pregnancy.

• Lisa’s Question:

  • “How legal is this and what are my chances in fighting for it?” — Lisa [02:10]

2. Hosts' Initial Reactions and Speculations [02:12–04:09]

• Speculating on Employer Behavior:

  • Hosts discuss the possibility of a "probationary period" (e.g., 90 days) where the employer can terminate for any reason, questioning if pregnancy is protected during this time.
  • Some concern is expressed that Lisa’s disclosure timing might have affected the employer’s decision.

• Questioning the Law:

  • "Is being pregnant isn't that protected under that 90 days?" — Lisa [03:28]
  • Response speculates that revealing pregnancy earlier might have changed the employer’s attitude—a point later refuted by legal input.

3. Expert Callers Weigh In: Pregnancy as a Protected Class [04:14–06:05]

• Amber (Law Firm Worker):

  • Firmly states pregnancy is a protected class:
    • “Being pregnant, that is a protective class. You cannot do that. Specifically that... She needs to go to the EEOC and file a complaint, like, immediately.” — Amber [04:20]
  • Clarifies that failing to disclose pregnancy during interviews is not grounds for termination, nor does it waive her protections.

• Clarification on "Right to Work" and Probationary Periods:

  • Amber further distinguishes that while employers in right-to-work states have flexibility in hiring/firing, “protected classes overrule all that.” Having the reason for termination documented as pregnancy strengthens Lisa’s legal standing.
  • “If they had just said, you know, your work performance is not good … they could probably get away with that. But … they put it in writing … that overrules that.” — Amber [05:03]

4. More Legal Context: FMLA and Employer Obligations [06:04–07:13]

• Kenneth (Managerial Experience):

  • Reiterates that under federal FMLA, employers must allow up to 12 weeks of (unpaid) leave for pregnancy or illness.
  • “It is against the law. They have to hold position for sickness, pregnancy … for 12 weeks with or without pay.” — Kenneth [06:10]

• Discussion on Company Motivation:

  • Hosts express surprise that the company was so direct and aggressive considering Lisa was only seeking unpaid leave, and that such transparent rationale ("You're being terminated for pregnancy") is rare and risky for employers.

• Further Info on FMLA Eligibility:

  • Listeners are reminded that employees must usually work at a company for a year/over 1,000 hours to qualify for FMLA protections. This may affect Lisa’s recourse depending on tenure but firing specifically for pregnancy is actionable regardless.

5. Takeaways and Advice for Listeners [07:13–07:23]

• Lisa is Encouraged to File an EEOC Complaint:
  • Multiple participants emphasize that Lisa’s documentation and the employer’s explicit rationale make her case very strong.
  • Hosts urge Lisa to update them on what happens, noting many listeners may one day face similar situations.

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Memorable Quotes & Attributed Timestamps

• “I was doing a really good job ... I felt comfortable to tell them I was pregnant. So I did tell them, and about three days later, I was fired for being pregnant, for having to take maternity leave.”
  — Lisa [01:35]

• “How legal is this and what are my chances in fighting for it?”
  — Lisa [02:10]

• “Being pregnant, that is a protective class. You cannot do that. Specifically that. They put it down in writing. Is even worse. She needs to go to the EEOC and file a complaint, like, immediately.”
  — Amber [04:20]

• “Protected classes overrule all that. … The fact they put it in writing … that overrules that.”
  — Amber [05:03]

• “Under the Federal Family Medical Leave act, it is against the law. They have to hold position for sickness, pregnancy, something of that nature, for 12 weeks with or without pay.”
  — Kenneth [06:10]

• “At least you got some real, real good advice. Solid advice this morning.”
  — Host [07:09]

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Important Segment Timestamps

• [01:02] — Lisa introduces her case
• [02:10] — Lisa’s core legal question
• [04:14]–[05:23] — Amber unpacks legal protections and calls to action
• [06:04]–[06:23] — Kenneth explains FMLA relevance
• [07:09]–[07:23] — Hosts offer final takeaways and encouragement

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Summary & Flow

The episode provides a real-time, community-based support session for a woman facing pregnancy discrimination. The dialogue blends candid speculation, moral support, and practical legal advice. The hosts are surprised—and righteously frustrated—by the employer's audacity. Expert callers clarify that, regardless of probation periods or nondisclosure during interviews, pregnancy is legally protected, and the employer’s written reason for termination gives Lisa a solid legal case.
Listeners leave better educated about their rights and the importance of documentation, with the message: if you experience or witness similar discrimination, legal recourse is available.

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Transcript

[A]

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[B]

All right, here is she wants to be called Lisa and she's on the Voice discusser. So we may ask you guys if you're in human resources or you know, something about hiring and firing and employment that we may want to get some help from you here because Lisa's scratching her head a little bit. Hey, Lisa.

[C]

Hey. How y' all doing?

[B]

Good. Good morning. All right, so you just got fired or you think you're about to be fired?

[C]

No, I just got fired. I was hired to work for this company, let's call it a medical company, about a month ago. And during the interview process, I did not disclose that I was pregnant because legally I didn't have to.

[D]

And how far along were you?

[C]

About five months. I wasn't trying to hide it. I just didn't disclose. Anyway, I was doing a really good job. You know, my supervisor had called multiple times to praise my work and everything was going really well. And so I felt comfortable tell them I was pregnant. So I did tell them and about three days later, I was fired for being pregnant, for having to take a maternity leave.

[B]

What reason did they use their exact words?

[C]

Because I had to take significant time off. I could not work the hours. And they wrote that down on paper for me. So my question is, you know, how legal is this and what are my chances in fighting for it?

[D]

Can I ask what kind of job it was?

[C]

It's a medical job, working with kids.

[D]

Actually, is it a job that comes up often, like after you have the baby. Can you get that job easily or is it more of a specialty position?

[C]

No, it's kind of an office job and it was part time as well.

[E]

Were you gonna be able to qualify for any of the benefits of a maternity leave? Were you gonna paid benefits?

[C]

I mean, I could have the 12 week leave, but I didn't have like insurance or anything like that.

[E]

They were gonna pay you. It was just a matter of you just not being there for the maternity leave?

[C]

Yeah, it was unpaid leave for maternity leave.

[B]

This is a big company or this is a smaller company.

[C]

It's a nationwide company. I mean, they have offices all over the country, but it's not huge.

[B]

Okay. My first thought was that, you know, big companies like that, especially if they're nationwide, they pretty much know the letter of the law. Sometimes they do make mistakes and it's one employee that makes a mistake. But I think for the most part, it's like they know what they're supposed to write down and what they're not.

[E]

I don't think you can assume that though.

[D]

I can make a guess as to what happened, especially a part time job. You probably had 90 days of conditional employment. We try you out, you try us out. And you've got 90 days. And it says in the employee paperwork that during those 90 days they can let you go for any reason.

[F]

And was it within those 90 days?

[C]

And is being pregnant isn't that protected under that 90 days?

[D]

I'm not a human resources expert, but I'm sure we will get some to call up. But I would say no. I would say that maybe if you were honest with them during the interview process and they really liked you, they may have worked something out. But I think they probably felt that you were a little bit. You just kind of scammy in order to take. You got. I mean, it's not like you were one month along. I mean, you got the job and then 90 days later you're gonna have to be off for 12 weeks. Like that's not cool to do to an employer. They have obligations and responsibilities and. And I realize you need a job and everything, but I think they probably had that 90 day window to do whatever they want or 30 days or 45 or whatever.

[B]

We're speculating, but we can get some people on the phone here that have some real life experience with it. Hey, Amber, good morning. You're on Q100.

[G]

I work with a law firm. Being pregnant, that is a protective class. You cannot do that. Specifically that. They put it down in writing. Is even worse. She needs to go to the EEOC and file a complaint, like, immediately.

[E]

Does it have anything to. I mean, the fact that she did not disclose she was pregnant when she got pregnant.

[G]

She doesn't have to. She's a protected class. There's several things here, like race. If you're over the age of 40, pregnant. This is the reason why they created that law. Because people were firing them before they went on their leave.

[B]

Amber, you kind of sound like a badass. I want you to represent me. My next case. I don't even know what it's going to be, but I want you by my side.

[G]

Well, thank you.

[D]

Is it possible that the employer hired the employee under a 90 day conditional. Hey, this is. You're on a probationary period and I'm saying 90 days, but it could be 30, 45.

[G]

A right to work state. So you have the right to fire, right to hire. The only thing about that is protected classes overrule all that. So if they had just said, you know, your work performance is not good, that sort of thing, they could probably get away with that. But the fact they put it in writing that the reason why they were firing her, letting her go, was because basically she was pregnant, that overrules that.

[E]

But an attorney could fight that.

[G]

They could try to fight that. But if they really had been smart about it, they would have known not to do it in the first place. They would have said that she wasn't up to work performance or something like that, because they worded it that way. And she's pregnant and she had just told them. Did you tell them in writing or did you tell them in person?

[C]

I told them in person.

[G]

Well, it helps her do it in writing, but obviously she had just told them. Three days later, they give her a notice that says she's going to be out. I mean, the EEOC is going to jump all over that.

[E]

In them firing you, you said they said it was because you're pregnant, right?

[C]

Yeah. The HR woman flat out told me on the phone that was the reason why. Okay, but you know, in writing. They wrote it in not so many words.

[B]

Here's Kenneth. He thinks she can help you. Hey, Kenneth. You're part of the Burt Show? Hi.

[G]

Hi. I've been a manager before, and under the Federal Family Medical Leave act, it is against the law. They have to hold position for sickness, pregnancy, something of that nature, for 12 weeks with or without pay.

[E]

I'm surprised that the company was this aggressive. I mean, I know it's time off, but they didn't have to pay through their insurance or pay you. It's unpaid maternity leave. So I am surprised that they are so harsh about it.

[B]

I should get Sanjay gooped on the phone. Okay, so that's good stuff right there. Yeah, that's really good stuff. Hey, we actually helped somebody out today.

[E]

It's educational. I think for a lot of women.

[B]

You know, you are protected, but there are certain set of rules that you have to sort of. That whole thing falls under with the fmla, Right.

[E]

And would help you make decisions too. I mean, if you were thinking about, you know, maybe leaving your job and starting a new one and thinking about getting pregnant, will realize you have to be employed there for a year or however many over a thousand hours, whatever that number was she said in order to get that paid maternity leave.

[B]

At least you got some real, real good advice. Solid advice this morning.

[C]

Yeah, thank you. I really appreciate all your help.

[B]

All right, call us back and let us know how it goes because I have a feeling a whole bunch of our listeners will eventually be in the same place. So let us know how it goes. Okay?

[C]

All right, will do.

[B]

Thanks a lot. Bye Bye. Listen, it's the Vert Show.

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