Legal Question in Employment Law in California
Wrongful Termination/Discrimination
I was working for a company while I was pregnant. Unfortunately, due to early pregnancy complications, my Doctor informed me that it was necessary to put me on bed rest for a couple of weeks. I provided my employer with the Doctor�s note for time off. While I was off from work on my Doctor�s order, I received a telephone call from the Vice President of the company indicating that I was terminated and accused me of using my pregnancy as an excuse to receive time off. In addition, I never received an oral or written warning. This came as a total surprise to me since I was being trained to perform additional job duties and help out in other departments of the company. It has been a month since I gave birth and am now unemployed. I received unemployment for some time, but it has now ran out.
I also have reason to believe that I was discriminated against (will explain over telephone).
My question: Can I file a claim against my former employer for wrongful termination? How long do I have to file the claim?
5 Answers from Attorneys
Re: Wrongful Termination/Discrimination
Hello. Although I don't know all the facts, this sounds like medical condition / disability discrimination in violation of FEHA, as well as violation of FMLA/CFRA and PDLL. I am located in San Francisco Bay Area and Sacramento. If you would like to follow up and discuss this, feel free to contact me.
Thank you.
Arkady Itkin
Re: Wrongful Termination/Discrimination
Based on the information that you have provided, you likely have a claim under the Pregnancy Disability Leave law as well as a claim for gender discrimination. You have one year from the time of the adverse employment action (i.e., your termination) to file a charge with the DFEH where you can request an immediate right to sue letter. You then have one year from receipt of the right to sue letter to file a complaint with the court. Other claims may require you to file sooner, depending on the type of claim you have.
Re: Wrongful Termination/Discrimination
Based on the information that you have provided, you likely have a claim under the Pregnancy Disability Leave law as well as a claim for gender discrimination. You have one year from the time of the adverse employment action (i.e., your termination) to file a charge with the DFEH where you can request an immediate right to sue letter. You then have one year from receipt of the right to sue letter to file a complaint with the court. Other claims may require you to file sooner, depending on the type of claim you have.
Re: Wrongful Termination/Discrimination
It sounds like you very well have federal and state claims you can assert against your employer. You can file a claim with the Department of Fair Employment and Housing and they will investigate it for you. Or, if you prefer and based on your facts you very well should, you can hire an attorney to obtain an immediate 'right to sue' letter from the DFEH and continue with your claim through litigation.
We are in Orange County and handle these types of cases. If we are in your area, contact us.
Re: Wrongful Termination/Discrimination
You possibly have a claim against your employer. You should consult a employment lawyer in your area.
Good Luck!
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