Fired for being pregnant. Help! 😭
Subject: Fired for being pregnant
Hello all. I’m just writing because I’m in a bit of a unique pickle with a company I work for and wondering if I have a case or not.
I’m a freelance English teacher on an F6 visa who works for 2 companies. 1 of my companies sends me to the bulk of my schools (6 out of 7) and I have a signed contract with them. I started the job in March and found out almost immediately that I was pregnant. I told the company right away and said I would continue to work until the end of August, which they agreed to. My first trimester was rough and the company agreed to find another teacher to take my afternoon classes to help me out while I continued working mornings. In the end, they failed to find someone and I ended up doing the whole schedule on my own. It got to the second trimester and said you know what, never mind. I’m feeling better now so I don’t need the help anymore. Then yesterday, I received a message out of the blue saying I no longer have a job as of June and I’ve been replaced entirely. This was the exact reason stated (translated from Korean)
“Now that you’ve entered a more stable stage of pregnancy, it seems classes may be easier for you, but because the job involves driving, travelling, and a lot of movement, we are very worried, and the directors also expressed a lot of concern while congratulating you. So, it looks like we’ll be able to replace you with another teacher starting in June.”
So essentially, I’m being fired because the directors of the schools are “worried” about me being pregnant.
Obviously firing me for this reason is illegal. But I’ve read many times that freelancers aren’t protected under the labour law. My work with this company meets the following conditions:
- The company controls my schedule
- They assigned all of my workplaces and classes, I do not have a say in it
- We have a signed contract that stipulates I can be fired for the following reasons: neglect of duties, frequent absence/lateness, receiving two warning letters, or criminal behavior. None of these apply to me and I have been working very hard with no neglect to my duties.
Do you think that I have a case with MOEL/LRC?
Thanks in advance for your help!