Legal Question in Employment Law in California
Employment Discrimination???
In June 2008 While I was 6 1/2 months pregnant, I was denied maternity leave from my previous employer. She told me that she will need to hire someone permenately and we verbally agreed that I will let her know when my last day would be.
In late July after I told my employer I will be leaving town for my baby shower she told me I had used up my sick time and will not be compensated for the time I would be out. I said fine, but also asked when did I have sick time, because it was never discussed that sick time was being accumulated nor did I have knowledge of knowing anything about sick time. I asked for her words in writing but I was denied that also. I even asked for company handbooks and policies on such subjects and I was told there were none. After that discussion, I put in my resignation letter, to cover her tracks in response to my resignation letter, after I resigned, she wrote a letter stating she would infact give me maternity leave and to rethink my position. I however, never responded because of the way I was treated. I applied for unemployment recently and was denied benefits because she presented the letter that she wrote to me. Is there anything I can do about this situation?
2 Answers from Attorneys
Re: Employment Discrimination???
If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.
If your CA employer has at least 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, and must allow up to 4 months of unpaid pregnancy leave under FEHA.
If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA maternity/medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.
If you qualify for both, you get both. If you are out longer than those guarantees, they can fire you.
Now, if they violate those rules, contact me for the legal help you'll need.
Re: Employment Discrimination???
The fact that she wrote this letter sends a signal that she may be concerned about a lawsuit. If she violated your rights under the FMLA, give me a call, and we can discuss putting some more pressure on them by seeking settlement or starting litigation.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
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