terminated while pregnant

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NettieG1

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Terminated while pregnant

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Jurisdiction/Place: USA - Virginia

I am currently 6 months pregnant but was terminated when I was 4months along. Prior to my termination I was brought into my bosses office a long with the HR director and asked if I would be able to continue to work. I told him at the present moment I was feeling okay and could work but was unsure of what would happen in the future. Two weeks after that meeting a new employee a (male) was hired in my department to do the same job that I was currently doing. Three weeks after that I was terminated. I obtained a lawyer and we were going to file suit for violation of my FMLA rights since I was never discussed with me and I was never offered the paperwork in this meeting with my boss. However prior to us filing suit we sent a demand and my former employer sent a response that the he and the HR director asked me if I needed to take leave and I told them that I could work sense my doctor said I could continue with my regular schedule. That is completely untrue. My question is since my former employer does not have handbook and I never was offered FMLA paper and I never signed any type of paper work regarding FMLA, what can they use to try and prove this false information and can they get a summary judgment ?
 
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