Legal Question in Employment Law in California

pregnant co-worker using condition to take advantage of company

Female due in April who has not been doing her job at all is all of a sudden on ''medical leave for a week'' for her pregnancy. She is due in April. She cleaned out her desk completely (including pictures)and has been instructed, due to her medical leave, not to communicate with work, her clients and vice versa, until she is supposed to come back on 2/3/03. We don't think she is coming back at all, but plans to sign up for disability and leave everyone hanging until after the baby is born in April then tell us she is not coming back after she takes her mandatory maternity leave that gives her disability. In the meantime, we are short-handed and cannot hire someone to replace her. Can she be dismissed now due to her documented lack of performance and client complaints, before she can claim disability and defraud the company?


Asked on 1/28/03, 11:43 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: pregnant co-worker using condition to take advantage of company

You can certainly hire a temp, that could be made full time if the woman does not return. But it is a little late to complain about performance, as it would look like illegal retalitation and violation of the discrimination laws. You probably have to wait and see, to avoid the risk of legal action by her. You could carefully ask her if she intends to return, asking about cleaning out the desk, but never indicate a desire to get rid of her.

Read more
Answered on 1/31/03, 2:14 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California