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View Full Version : Fired/Laid off while 6 mths pregnant in California


michelle0079
10-02-2006, 03:37 PM
Hello,

I am 6 months pregnant and salary based at a very small company with possibly 10 or so employees. I recently have felt that there was some sort of "nit picking" from my boss regarding my job. I have never been written up. Since I am salary based, I recently was coming in early and staying late do to workload. Which was from 8:15am til 8:30 pm., with no breaks in between. I was spoke to by my boss for being a couple of minutes late this morning. Two weeks ago I spoke with my boss my job duties changed, then within those couple of weeks, it's changed again. I honestly feel there is more going on here.

I feel like they are trying to force me out of my position. I was told to go home for the day and to call in the next day to reacess things. Which to me, feels like they want to make sure they are all in agreement before firing me.

I don't know what my rights/benfits are and am understandably upset. If they fire, or lay me off, do they have to pay unemployment to me? What about disability due to my maternity leave? Would they still have to pay that?

If someone could please help, I would really appreciate it.
Thank you for your time.

Megan Ross Hutchins
10-02-2006, 03:54 PM
Most likely, unless you are fired for gross misconduct, you will get unemployment. You are eligible for disability whether or not you are employed at the time you are disabled by pregnancy.

Do not sign any severance package agreement, or any other agreement that waives your right to pursue them, without having an attorney advise you.

michelle0079
10-03-2006, 01:10 PM
Thank you for the advice.

Well I have just been informed that they are terminating me but are going to send me two weeks of severance. I did not sign anything.

I have a dr. appt. on Thurs. Should I wait to file for Unemployment once I talk to him to see if he is going to put me on Disability?

I also looked online at the Unemployment Application and it asks about severance & disability. Do I need to put the severance? I don't have it in hand, nor do I know for sure about the dr. putting me on disability. Plus I noticed a question asking about being able to work full/part time.

I don't even know if anyone would/want to hire me being six months pregnant. Which I know is discrimination but they would just have to list another reason, correct?

Thank you for your time.

Megan Ross Hutchins
10-03-2006, 01:19 PM
Yes, you may want to wait until you talk to your doctor if there is a possibility your doctor will sign you out now, since disability pays more than unemployment does.

You need to talk to an attorney about your case, or file a complaint with the Department of Fair Employment and Housing if you prefer.
http://www.dfeh.ca.gov/complaintEmployment.asp

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