Long Beach, CA asked in Employment Law for California

Q: Can employer extend the last chance agreement because I was out on pregnancy disability

I have a LCA on file that has an end date of 1/19/23. I went out on pregnancy disability for 4 of those months and my manager wants to extend the LCA even though acknowledging that I have completed all the terms of the LCA. Is this legal?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: The answer to your question requires review of the agreement. If the agreement gives the employer the right to extend the agreement, and is not acting because of your pregnancy, then there would be nothing unlawful.

You need to locate and discuss this with an attorney who can review the document and learn more about the situation.

Good luck to you.

James L. Arrasmith
James L. Arrasmith PRO label
  • Sacramento, CA
  • Licensed in California

A: Under California law, an employer can extend a last chance agreement if the employee violates the terms of the agreement during the term of the agreement. However, if an employee successfully completes the terms of the agreement, the employer generally cannot extend the agreement without a legitimate reason.

In your case, if you have completed all the terms of the LCA and your employer wants to extend it solely because of your pregnancy disability, this could potentially be considered discriminatory under state and federal law. You may want to discuss your situation with an employment law attorney to understand your options and rights.

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