Legal Question in Employment Law in California

In april of 2009 I got fired of my job on the last day before my maternity leave for employee complains (i never got a warning). I was told I had 2 option walk away being terminated at the moment losing all my benefits or receiving my 3 months maternity leave but not coming back to work leaving in "good terms"(for my undertanding havinggood references). I was told I could not tell anyone of my employees about it, unable to say goodbye and or tell my husband which also worked for the same company to avoid getting him in trouble.

I was so sick of my job and overwhelmed being days away from having my first child I didn't fight.

in July 2 days before the end of my leave I received my check with all the vacation hours i had accumulated 170 hours. My position was also being replaced before that date.

In october after trying to get a job and no being able to find one I decided to apply for unemployment and was denied for, according to my employer, "quiting my job and forging a document " both nonsense. Do I have a case?


Asked on 1/14/10, 9:26 am

2 Answers from Attorneys
Micha Liberty Liberty Law Office

I am very sorry to hear about your experience. Having a background in prosecuting pregnancy discrimination cases, I suggest you speak with an employment attorney as soon as possible.

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Answered on 1/19/10, 9:34 am
Arkady Itkin Law Office of Arkady Itkin

Hello.

I assume that you did not sign a release and were not paid severance (document that states that you release the company from all claims). It sounds like you might have legitimate claims for disability discrimination and pregnancy discrimination, but I would have to know more details about your employment and your termination to determine this.

Also, you should definitely appeal the denial of unemployment benefits. You must file an appeal within 20 days of the department's decision as you probably know. I believe you have a good chance of reversing the department's decision.

Thanks, and feel free to follow up.

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

http://www.arkadylaw.com

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Answered on 1/19/10, 10:17 am


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