PDA

View Full Version : Laid off at 7 months Pregnant, California


tamik499
10-30-2008, 11:01 AM
Hi,

My company did a round of lay offs and I was included, i am 7 months pregnant and i do not want to loose my benefits since i am about to give birth. I know that there are some employees that are on maternity leave and their jobs were spared. Is this legal?

I did received a 2 months severance package. On the paperwork its says that my position was eliminated however technically it wasn't. My job duties will be handled by another co-worker.

I just need to know if this is legal?

Thanks in advance for your help.

Marketeer
10-30-2008, 11:09 AM
Being pregnant does insulate you from adverse job actions that would have taken place anyway. You can't be laid off because you are pregnant; you can be laid off in spite of it. Given that this was "a round of layoffs" and you weren't singled out, it's hard to say that you were laid off because you were pregnant. And, your duties have to be done by someone, don't they?

CaliforniaLaborLaw
10-30-2008, 08:55 PM
Hi,

My company did a round of lay offs and I was included, i am 7 months pregnant and i do not want to loose my benefits since i am about to give birth. I know that there are some employees that are on maternity leave and their jobs were spared. Is this legal?

I did received a 2 months severance package. On the paperwork its says that my position was eliminated however technically it wasn't. My job duties will be handled by another co-worker.

I just need to know if this is legal?

Thanks in advance for your help. is this a large company or small company? what is your job title? are you salaried or hourly?

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements