Legal Question in Medical Leave in California

Can I Be Fired?

My boss isthreatning to fire me if I dont work overtime, double shifts, and the late shift which ends at 1 a.m. I just recently returned to work from being on maternity leave and before returning to work I informed my boss that as a single mother, I would not be able to work those crazy hrs and shifts. She agreed, but the day I returned to work she demanded I work double shifts, overtime, and the late shift. She refuses to be flexible and when I said I couldnt she threatened to fire me. The thing that puzzles me the most is that my boss says that if I dont work the daysand hours demanded, I would be fired BUT she would make a report that I quit on my own. Ive been going crazy with all the work Im given. I desperately need to kow what I can do. Another thing is that a month before I returned to work, a co-worker told me that my boss had been telling other managers that she wanted to fire me but was waitig for me to return to work first. Please, I need advise.


Asked on 12/19/07, 12:28 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Can I Be Fired?

While employers can require that employees work overtime if it is necessary, if she is forcing you to work hours she knows you cannot, for the purpose of firing you due to your pregnancy leave, this would be illegal.

Sometimes it is difficult to prove the true reason for unfair treatment. Among the things to look for, is how she is treating other employees in comparable positions? Are they required to work similar hours? How have other women, who were out on maternity or other medical leaves treated? Would your co-worker admit to Human Resources or an outside attorney what the manager said about wanting to fire you?

You should consult with an experienced employment law attorney to review your situation and your options.

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Answered on 12/19/07, 12:43 pm


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