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View Full Version : Fired during Maternity Leave California


cosmodoll
04-01-2007, 04:17 PM
My baby was born on 2-22-07, and died the same day, a Thursday. My boss asked me to return to work on Monday. When I asked for a week off, she was .....(?!?!?)

Subsequently, I was in the hospital relating to the complication that caused my daughter to be born early. (She was due in June)

I got out of the hospital Friday 3-30, to find out that I had been fired and she has cancelled my insurance effective 4-1.

My disability (given to me by my OB) is up 4-9.

I'm in California, and she employs 3-4 people regularly. What, if any, recourse do I have against her?

Furthermore, this is a person that has wanted me to work a few days from home after the baby was born, and bring the baby to work a few days, until the baby was six months old. During our "me getting fired" conversation, she brought up "years" of all sorts of misbehaviours. I have received nothing in writing that she has ever put in my personnel file. I haven't had a raise in two years, and when I confronted her about it she said that it was due to losing clients and poor cash flow. She mentioned nothing about my performance at the time.

Sorry so long.

Any recommendations?

Pattymd
04-02-2007, 03:05 AM
I'm very sorry for your loss.

Prior to going out on leave, how long had you worked there? Did you work full-time? And how many employees does the company have at your location or within a 75-mile radius of your location?

cosmodoll
04-02-2007, 09:11 AM
Unfortunately, less than 5 employees.

I have worked there for 5 years. More full time than not, per our agreement, about 32-34 weeks, but I was treated as a full time employee.

moburkes
04-02-2007, 09:32 AM
Unfortunately, less than 5 employees.

I have worked there for 5 years. More full time than not, per our agreement, about 32-34 weeks, but I was treated as a full time employee.

32-34 hours per week, is that what you meant?

cosmodoll
04-02-2007, 09:53 AM
Yes. That's what I meant.

Thanks for your time, but I've just gotten off the phone with EDD and it appears I have no recourse whatsoever.:(

moburkes
04-02-2007, 09:57 AM
Yes. That's what I meant.

Thanks for your time, but I've just gotten off the phone with EDD and it appears I have no recourse whatsoever.:(

Who is EDD and what did they say?

cbg
04-02-2007, 10:17 AM
The California Employment Development Department.

http://www.edd.ca.gov/

cosmodoll
04-02-2007, 10:21 AM
EDD is the Employment Development Department of California, and basically, if you work for a company who employs less than 5 employees, you're screwed and have no rights or recourse.

Anniepaul
04-02-2007, 02:43 PM
I am so sorry for your loss. I have no advice to offer regarding your job, but I am truly sorry for what you are going through. Maybe something good will come from the job situation, as she hardly seems like the type of person you really want to work for. My thoughts and prayers are with you.

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