Legal Question in Disability Law in California

Can I be fired because of temporary disability and pregnancy?

I was fired from my job in July 2005; it can about due to a hip injury I received at home. When my doctor would not let me return to work because of the injury they put me out on temporary leave. I was in and out of the doctor�s office and physical therapy for the next 3 months. During this time I was pregnant so physical therapy was slow. My Doctor finally let me return to work but on a limited and restricted schedule. My employer then informed me they could not accommodate me and was letting me go due to the pregnancy. This was confusing to me because I was out due to a hip injury. When I contacted them they then changed it to they are letting me go due to my injury. I have all the paperwork sent to me by them with this information on it. I have since filled with the Department of Fair Housing and Employment to them telling me they let me go because of my disability. The one thing that stands out is this company has helped at least 5 other managers with similar problems. I was a manager at the time I just wanted to know if this is legal to fire someone for being pregnant first then for having a disability. I am also wondering if I should take hire a lawyer instead of waiting for fair housing and employment to get anything done?


Asked on 6/17/06, 4:30 pm

1 Answer from Attorneys
Alden Knisbacher knisbacher law offices

Re: Can I be fired because of temporary disability and pregnancy?

Whether or not you end up going throug DFEH, you're better off with a lawyer. It is generally safe to say that DFEH does not do a credible job on handling these cases. Of course it's illegal to fire you b/c you're pregnant -- it's also illegal to not accommodate, assuming a reasonable accommodation can be suggested -- CA law is fairly pro-employee, and much better than federal law on the issue. It makes sense for you to find an attorney quickly, b/c you have a year to file the dfeh claim, and you want to make sure that you address every issue there (you would still have time to file a wrongful termination claim -- 2 years. . . . )

Read more
Answered on 6/26/06, 8:30 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in California