Legal Question in Employment Law in California

Re: Terminating a pregnant employee

You are about to open a hornets nest. While such action may be feasible, you bare the burden to explain it and you have a great mountain to climb under these facts. Retain counsel to discuss and assist you. I might tell you not to do this, however, I need more info.

Re: Terminating a pregnant employee

It is unlikely you can terminate anyone "safely", particulary when the person to be terminated falls into a "protected classification", such as pregnancy.

Having said that, it is extremely important that you be able to document the true reason you intend the let the employee go. Her lawyer will argue that your stated reason is a pretext to cover for the alleged discriminatory intent, so you must be able to prove you terminated her for non-discriminatory reasons.

Many employers will offer an employee a severance package to soften the blow of termination. Such packages may include wage continuation, medical insurance continuation or payment of COBRA premiums for a period of time, a letter of recommendation and/or payment for a job placement agency to help the employee find another job. This package is conditioned upon the employee signing a release of all claims she may have against the company.

You probably should seek the advise of an experienced employment law specialist to help you minimize the risk of getting sued.

Re: Terminating a pregnant employee

This a tough road for an employer. While you have a right to reorganize your company and downsize, etc., terminating a pregnant employee is asking for trouble. There will be a presumption that you are letting her go for her condition, benefits, insurance, etc. And you will be alienating the other employees who won't be convinced of your pure motives. Suggest you consult an employment specialist who has dealt with this specific situation.

Re: Terminating a pregnant employee

No.

Safely implies no risk of claim and suit - there will always be such risk. To minimize it, document your decisions in detail, make sure the reasons are valid and credible to a judge and jury.

If you want to consult and get actually legitimate, rather than free internet advice, contact me.