Legal Question in Employment Law in California
i am currently pregnant and have found out that when i return to work i will be laid off. i'm currently off for the week when i heard the news from several reliable sources. there has been several other lay offs in other dept. with only two others in my dept. these people due the same work as i do just under a different license. they were let go, due to their license as a technicality i think. but, i have the most seniority with my license and being the only one laid off with all others under me with same license staying. i have not been counseled about any work performance nor any complaints to my knowledge. on the contrary, most coworkers often prefer me when possible because of more experience at my workplace. there's one other thing to add, the company is trying to save money, thus lay offs resulting in adding more responsibility. but, i was not approached in any way if i was willing to make these changes along with my coworkers. do i have any type of case being let go over people with less experience, seniority, and perdiem status working full time and even overtime without any counseling or opportunity to my preference of lay off vs. harder work? am i wrong to think i might be laid off because i'm pregnant?
1 Answer from Attorneys
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 when you are unable to work [or must care for an immediate family member] because of a �serious health condition�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.
If you qualify for both, you get both. If you are out longer than those guarantees, they can fire you.
Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.
Overriding those stated protections, just because you are on leave does not mean you can�t be terminated. You have no special exemption against lay offs due to business reasons. A company in downsizing can lay off a FMLA leave person, as long as they can show they aren�t targeting �because of the leave�.
Now, if they violated those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.
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