It might surprise you that in the 21st Century we frequently hear from employees who have been terminated or whose jobs have been threatened due to pregnancy.  Employees are protected from pregnancy discrimination under the Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act of 1964, and must be treated the same as other employees in their ability or inability to work.  

Pregnant employees covered by the Family Medical Leave Act are entitled to 12 weeks of leave.  Where employers often get tripped up is assuming that leave needed by pregnant employees is not protected if the employees are not entitled to FMLA leave (for instance, if the employee has not been employed for a year or if the company does not have 50 employees within 75 miles).  Employers often forget that pregnant employees are typically required to be accommodated under the Americans with Disabilities Act and that leave is a reasonable accommodation under the ADA.  In other words, in almost every case, an employer should be giving reasonable leave to pregnant employees.  Depending on the circumstances, reasonable leave may exceed 12 weeks.

If you are facing discrimination or termination by your employer based on your pregnancy, it would be wise to discuss the circumstances with a knowledgeable employment law attorney.

First, congratulations on having an employment contract.  Most non-unionized employees are employed at-will and do not have as many rights as those with contracts.  Second, consider carefully the extent of the contract breach and whether the breach is worth making waves with your employer.  This must be weighed against the danger of waiver--that is, by not insisting on your rights under the employment contract, you could be considered to have waived your objections.

Employees frequently seek our help when they have not been properly paid salary, bonuses or commissions as required by contract. Employers who fail to pay their employees properly typically cannot and should not be trusted to fulfill other contractual requirements to their employees, such as guaranteed terms of employment.  

​If your employer has not properly paid your salary, bonus, or commissions, speak with a highly-qualified employment attorney regarding your rights under the contract. In Texas, employees are entitled to attorney's fees incurred in enforcing their rights under the employment contract when the employer has breached it.  In addition, an employer who commits a material breach of an employment agreement may find itself unable to successfully enforce non-compete or other restrictive covenants against the employee.