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Originally Posted by HOWMAR
The tactic we use most sucessfully is to have a representitive from the Labor Department review the matter and documentation before we fire the employee. We have already submitted all documentation to the Labor Dept. as they occur, i.e. excess absence, insubordination, etc. The rep. then questions the employee and asks what their defense is. We then get written permission to fire the employee for cause. Many have tried to fight this to get liquidation, but the judge has always agreed with the finding of the Labor Dept. Rep.
I don't know about your 10 times the severence penalty statement. In the few cases we have lost we were required to pay the person his normal salary from the date he was fired until the case was finally resolved, plus liquidation then due at that point plus attorney fees.
Back to the OP question. We have received permission to fire a pregnant employee for cause. In the case of the OP where the termination will be "at will" the employee must receive the three months salary after the birth and then normal liquidation at that point. No permission is needed as long as you pay the three months post-natal salary.
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Please note that we once had labour department approval to fire someone on cause, only to find out from our lawyers that we should settle the case (for much more than the initial liquidation) as our case was 'hopeless.'