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Fired during Maternity Leave California

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  • Fired during Maternity Leave California

    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?
    Last edited by cosmodoll; 04-01-2007, 03:19 PM.

  • #2
    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?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      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.

      Comment


      • #4
        Originally posted by cosmodoll View Post
        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?
        Please no private messages about your situation.

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        • #5
          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.

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          • #6
            Originally posted by cosmodoll View Post
            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?
            Please no private messages about your situation.

            Comment


            • #7
              The California Employment Development Department.

              http://www.edd.ca.gov/
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                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.

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                • #9
                  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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