George, My previous employer terminated me while I was out having a baby. I was still in the hospital when the notice arrived. The seperation notice stated "lack of work" Can they do that? Also is there are statue of limitation on this if it is wrong?

There are at least two potential claims--Title VII of the Civil Rights Act of 1964 and the Family and Medical Leave Act.  Title VII requires employers to treat pregnancy the same as they would any other medical condition.  The employer cannot treat pregnant employees worse than it treats employees with other medical conditions (including workers compensation injuries).  For example, if the employer provides short-term disability leave (or some other type of sick leave) for medical conditions generally, then the employer must extend the same leave benefit to pregnant employees.  The employer cannot subject a pregnant employee to more severe discipline than other employees with different medical conditions under similar circumstances.  Employees are covered under Title VII if their employer has fifteen or more employees.  The employee must file a charge with the U.S. Equal Employment Commission within 180 days of the discriminatory act or she loses the right to file a lawsuit under Title VII.   Under FMLA, an employee is entitled to up twelve weeks of unpaid job-protected leave for the birth and care of the employee's newborn child if: 1) she has worked for her employer at least 12 months, 2) if she has worked at least 1,250 hours over the past 12 months, and 3) she works at a location where the company employs 50 or more employees within 75 miles.  The statute of limitations for FMLA violations is 2 years; if the violation was willful, the statute of limitations extends to 3 years.

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