Legal Question in Disability Law in California

Returning to work after Pregnancy Leave

While I was off on maternity leave, my employer demoted the office manager and gave her my job. Then they hired a new office manager.They then informed me that they did not need me full time, maybe part time.I explained that I was intitled to return to my job or equivalent job.They then called me back and said that they had to let me return full time however, they would let me go after a month as a layoff.They then offered me a ''severence package'' if I found a fulltime job and did not come back at all. My question is, would I have legal recourse if I returned to work and then they layed me off? And would I still have legal recourse if I did not return to work and accept their ''severence package''? I feel that what they are doing is wrong and against my legal rights. Is there anyone who could help meout with this problem?


Asked on 4/07/04, 9:59 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Returning to work after Pregnancy Leave

What they describe violates the law, but if you return and they later lay you off, you have to prove it was because of pregnancy leave. The longer they wait, the harder to prove, as I doubt they put any of this in writing or in front of witnesses. A good attorney dealing with them now could convince them it would be 'risky' to lay you off, but that is no guarantee it wouldn't happen. Ultimately it is in your interest to go back, but use your time finding a job at a better place.

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Answered on 4/13/04, 1:05 pm


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