Legal Question in Employment Law in California

Have you documented the reason(s) you were intending to let her go? If it was performance related, did you have any discussions with her, putting her on notice, giving her any written warnings or performance reviews? If the answer is no, and her termination comes as a surprise to the employee, can you see how she will immediately conclude the decision was related to learning she is pregnant?

Of course, an employer can terminate any employee for legitimate business reasons, pregnant or not. But she is in a protected class, and you will have to be able to convince her, her lawyer and, perhaps a judge or jury, that the reason for her discharge was unrelated to your employee's pregnancy.

Without recourse? Of course not. You obviously risk a claim of pregnancy discrimination. Remember: 'anybody can sue anybody anytime for anything'. Winning is different, and litigation is costly for both parties. You should consult with experienced counsel and have them assist you in deciding the financial risk to reward ratio in this situation. If serious about doing so, feel free to contact me. I've been doing these cases for over 20 years.