Legal Question in Employment Law in California

I just recently called out of work because I'm pregnant n wasn't feeling well. The night before I had went to a gathering. One of my coworkers complain to my manager saying that the only reason I called out was because I had went out. She went above and beyond trying to investigate where I had gone that day before. Is it legal for my employer to assume the reason of my call out or even listen to what other people instigate why I call out and go by their word?


Asked on 1/17/12, 5:12 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Pregnancy does not insulate you from discipline or termination, it just provides legal protection from 'discriminatory' treatment. Sounds like the company is alleging your absence was not related to pregnancy, but hangover or lack of sleep. Your solution is to obtain your treating physician's note and report that it was pregnancy related, and provide that to the company. The burden is on you to justify absence. The company is entitled to doubt and investigate your claim. If you are disciplined or terminated for this, you would only be able to successful claim pregnancy discrimination if you can show the company motive was not based on valid performance or attitude or attendance concerns. You would need to be able to show they want to get rid of you 'because of' the pregnancy. If you are serious about hiring counsel to help in this, feel free to contact me.

Read more
Answered on 1/17/12, 6:05 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California