Can my employer terminate me because of a pregnancy?
March 30, 2024 | 40,00 EUR | answered by Sofia Vöss
Dear lawyer,
My name is Lorenzo Wolf and I have been working in a medium-sized company for three years. Recently, I informed my employer that I am pregnant, and since then I have felt that the relationship with my employer has deteriorated. Now, I am afraid that my employer could terminate my employment because of my pregnancy.
I am concerned about my professional future and wonder if my employer has the right to terminate me due to my pregnancy. I have always done my best and been loyal to the company, but still, I feel that my pregnancy could be a problem for my employer.
I would like to learn about my rights as a pregnant employee and find out if there are legal options to protect me from termination due to my pregnancy. Are there laws or regulations that can support me in this situation?
I would greatly appreciate your advice and support on this matter. Thank you in advance.
Sincerely,
Lorenzo Wolf
Dear Mr. Wolf,
Thank you for your message and your trust in my advice. It is understandable that you are concerned about your professional future, especially after informing your employer that you are pregnant. It is important to know that pregnant women enjoy special protection in the workplace to prevent discrimination based on their pregnancy.
In Germany, there are clear legal regulations for the protection of pregnant employees. According to the Maternity Protection Act (MuSchG), your employer is generally prohibited from terminating you solely because of your pregnancy. This protection against dismissal applies from the beginning of the pregnancy until the end of the maternity protection period, which usually ends six weeks after childbirth.
Furthermore, you must not be disadvantaged during your pregnancy. This means that your employer must not treat you worse because you are pregnant. This applies, for example, to the allocation of projects, promotions, or salary increases. If you feel that your employer is discriminating against you because of your pregnancy, you should document this and, if necessary, take legal action.
If your employer still attempts to terminate you due to your pregnancy, you should immediately seek advice from an employment lawyer. Termination during pregnancy is usually ineffective and can be challenged in court. Your lawyer can help you enforce your rights and, if necessary, file a claim for protection against dismissal.
In addition to the Maternity Protection Act, there are other regulations for the protection of pregnant women in the workplace, such as the General Equal Treatment Act (AGG) and the Working Hours Act. It is important that you familiarize yourself with your rights and obligations as a pregnant employee in order to identify potential problems early and take action against them.
I hope this information has been helpful to you. If you have any further questions or need assistance, please do not hesitate to contact me. I wish you all the best for your pregnancy and your professional future.
Kind regards,
Sofia Vöss, Employment Lawyer
