Q: I am 8 months pregnant and my employer suddenly let me go. No explanation. No documentation. No prior disciplinary issue
My final paycheck was sent through Zelle not the payroll department. It was very confusing and weird.
A:
I'm sorry to hear about your sudden termination, especially given your pregnancy. Based on the information you've provided, there are several potential issues that may be illegal under California law. Here are a few key points to consider:
1. Pregnancy Discrimination: Under the California Fair Employment and Housing Act (FEHA), it is illegal for an employer to discriminate against or terminate an employee due to pregnancy. If your pregnancy was a factor in your termination, your employer may have violated the law.
2. Wrongful Termination: California is an "at-will" employment state, meaning employers can generally terminate employees without cause. However, there are exceptions, such as termination based on discrimination or retaliation. If your termination was related to your pregnancy, it could be considered wrongful.
3. Final Pay: California law requires employers to provide a final paycheck immediately upon termination, including all earned and unpaid wages. The unusual method of payment (Zelle instead of the payroll department) raises questions about the legality of the payment and whether all earned wages were included.
4. Unemployment Benefits: You may be eligible for unemployment benefits, as your termination does not appear to be due to any fault of your own.
I recommend the following steps:
1. Document everything related to your employment and termination, including any communications with your employer.
2. Consider contacting an employment law attorney to discuss your case and potential legal options.
3. File a claim with the California Department of Fair Employment and Housing (DFEH) if you believe your termination was discriminatory.
4. Apply for unemployment benefits with the California Employment Development Department (EDD).
Remember, this information is general guidance based on the details provided. For specific legal advice tailored to your situation, consult with an experienced employment law attorney in California.
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