Legal Question in Employment Law in California

wrongful termination

I started a new job on Monday July 17, 2006 on July 18, 2006 I went to the doctors and found out that I was pregnant. The next day, after completing almost my whole shift. It was brought to the attention of my supervisor that I was not feeling well. When she asked if I where pregnant, I told her yes. She then told me that she would have to let me go. Is that legal?


Asked on 7/19/06, 5:12 pm

6 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: wrongful termination

It is unlawful to discriminate in empoyment due to pregnancy status. Feel free to contact my office for a consultation.

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Answered on 7/31/06, 4:13 pm
Alden Knisbacher knisbacher law offices

Re: wrongful termination

If your employer has 5 or more employees, what you described is illegal discrimination based on the fact that you are pregnant (or even the fear that you are pregnant.) Other questions I would want to know are whether you left a job to take this job, and what other promises may have been made to you. Feel free to contact by email if you want further information. Good luck.

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Answered on 7/31/06, 4:14 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: wrongful termination

Oh, I just noticed you are in California, not Georgia. ("CA" and "GA" are easily confused). I am licensed in California and do practice there to some extent (my state of birth and original licensing in 1979), but mainly in the Atlanta, Georgia area these days. You probably need to file an EEOC/DFEH charge. Hopefully, your former employer has at least 5 employees. Since this could end up a litigated matter, you are probably better off with a local attorney near your town. Nevertheless, feel free to contact me if you wish.

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Answered on 7/31/06, 4:21 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: wrongful termination

Without knowing more facts, I can only generally say that it is unlawful for most employers to terminate an employee due to pregnancy. You should consult with an employment law attorney in your area to review all the facts and determine what steps to take to protect your rights. You may also file a claim with the California Department of Fair Employment and Housing, within one year of your termination.

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Answered on 7/31/06, 4:30 pm
Terry A. Nelson Nelson & Lawless

Re: wrongful termination

No. But you have to be able to prove that was the motive for the termination. I suggest they will deny that statement. IF you have witnesses or other evidence that proves it, you may have a case. Feel free to contact me to discuss the facts and potential for the case.

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Answered on 7/31/06, 5:56 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: wrongful termination

I'm in San Francisco. Feel free to contact me, too.

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Answered on 7/31/06, 10:37 pm


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