Legal Question in Employment Law in California

Fired

My boss fired me after giving birth to my baby because i never told her that i was pregnant can she legally do that?


Asked on 9/30/08, 12:42 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Fired

If you can show the firing was in some form a retaliation for you being pregnant and taking time off, then yes, it sounds like a valid claim, as long as

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.

Now, if they violated those rules, contact me for the legal help you'll need.

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Answered on 10/06/08, 5:42 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: Fired

Your boss is walking a very fine line. Speak to an employment attorney and give the full details of your situation. With more facts, they may be able to help. Feel free to contact us if you are serious about pursuing this claim.

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Answered on 10/05/08, 2:03 am


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