Can I be fired for being too emotional and hormonal while pregnant?

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Can I be fired for being too emotional and hormonal while pregnant?

I asked a flu infected co-worker to back away from me because I don’t want to catch the flu while pregnant. She took offense to this and my boss heard me as well. I have been cautious because my immune system is down and I have been disinfecting everything she touches. Door knobs, my desk phone the copy machine, etc. and she has taken offense to this too. I am the Office Administrator at my job and part of my responsibility is to ensure efficient operation of the office. Therefore, in addition to me being extra clean, I have to give constructive criticism. I have to correct my co-worker in any process that is missed related to scheduling and hiring. She reported to my boss that she feels like I am targeting her and she told me that I hurt her feelings. I did apologize to her and explained that if I catch the flu so close to me

delivery, my baby could be born premature. She told my boss that I said she could kill my baby. I did not say that. My boss talked with me and explained that I need to get passed these issues and if it comes down to her having to make a choice in who to keep, she will keep my co-worker instead.

Asked on May 3, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can be fired for how you act at work--such as if you impair productivity or moral, or harass other workers--even if a contributing factor or significant cause is your pregnancy. While an employer may not terminate you for *being* pregnant, being pregnant does not give you a pass in regards to your behavior. So if your behavior is a problem at work, you can be terminated for what you say and do.


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