Riverside, CA asked in Employment Law for California

Q: I was terminated from my job while I was on disability leave due to high risk pregnancy.

My direct supervisor intentionally did not guide me through companies loa process in order to sabatoge my employment with the company.

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3 Lawyer Answers

A: Being terminated while on leave may or may not be unlawful. Being terminated because you took protected leave is unlawful. At this point you have not asked a question. If you are looking for an attorney to work with you on a case against your employer, no one here can respond in that manner. You are going to have to make contact with one or more attorneys to find one that you would like and that are interested in working on your case.

If you are seeking guidance about whether you have a case, far more information would need to be known. However generally if you can prove that your supervisor intentionally retaliated against you for needing pregnancy leave you would have a meritorious legal claim. At this point, it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

James L. Arrasmith
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Answered

A: Under California law, it is illegal to terminate an employee for taking disability leave, especially in cases of pregnancy. California provides specific protections under the Pregnancy Disability Leave Law (PDLL) and the Family and Medical Leave Act (FMLA).

If your supervisor intentionally failed to guide you through the company's leave of absence process and this led to your termination, you may have grounds for a wrongful termination claim. This could also potentially be a violation of the California Fair Employment and Housing Act (FEHA), which protects employees from discrimination based on pregnancy and disability.

To pursue this, gather all documentation related to your leave request, communications with your supervisor, and any documentation of your termination. File a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). Consulting with an employment lawyer can also provide you with guidance on your rights and the next steps to take to seek justice and potential compensation for your wrongful termination.

A: Termination during your protected pregnancy leave raises serious questions. To be protected it is not required that you specifically ask for the FMLA/CRFA leave. It is enough that the employer knew of your circumstances requiring the leave to trigger your protections. Hopefully, you documented the situation in an email or other writing, like a text message.

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