Hi there,

I am the only employee in a very small company in California. I am 2 months pregnant, due March 13th. My boss and I have agreed that I will not come back to my job after I leave for my maternity leave, and that she will hire someone whom I will train before I go. I will continue to work for her after my maternity leave as an independent contractor in a different capacity than I am now.

I just rec'd an email from her stating that she will hire someone in Nov/Dec, have me work with them full time for 2 weeks, then she will start cutting back my hours and paying me less for another few weeks. I am not a high risk pregnancy and don't anticipate that I will need to leave my full time job - and my financial security with a new baby on the way!! - until about 2 weeks before my due date.

Can she push me out like this?? I know that money is tight for her, and she is just trying to manage, but this does not seem legal to me. Please help?

Thank you!
~Terrified in CA.

If you are the only employee, then neither Federal nor state discrimination laws apply.

So I have no rights? She could have fired me a month ago when I told her I was pregnant?

You do not have a right to guaranteed employment, no. Even if you could show that she is treating you this way BECAUSE you are pregnant and not because she cannot afford to have both of you in place for three or four months, there have to be five employees at the state level and fifteen employees at the Federal level before she is subject to discrimination laws.

The only possible claim you would have would be under the state constitution, which prohibits gender discrimination (of which pregnancy discrimination is a subpart). That is a difficult claim to make, and I would suggest trying to resolve the situation without resorting to litigation.

Have you made it clear to your boss that you do not anticipate needing to be on leave before February, and asking if s/he can put off hiring your replacement until after the holidays? Phrased that way, it might seem more sympathetic than, "I want to work as long as possible."