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Please help? i need advice for my family. fired while on maternity leave. California

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  • Please help? i need advice for my family. fired while on maternity leave. California

    this is a long story so i will give the short short version... if there are any questions that need to be answered to fill in blanks please let me know.

    My wife has worked for a BK atty for 10+ years. we found out in june that we will be expecting our 3 baby in feb. My wife has had a hard time with her boss this last year because he had a very severe madical issue. He has always been a mean boss and rude to my wife, other employees, and clients. My wife was hoping that this near death experiance would change him, but it was the exact opposite. He is meaner and very very rude. in one convorsation he told my wife that she needed to get professional help to fix her mental issues... this was 2 weeks ago. Becasue of work related stress her OB requested that she take 3 weeks off to reset her stress level and try to retun back to work there after. This did not go well with her boss... he said that when he said professional help he did not mean her OB... (this is only one thing he has said... i have 4 pages of negative comments from him) She did not want to call him this last week about a paycheck that was owed to her so i called for her. the summation of this convorsation is that he has hired a new employee and that when my wife returns from her disabillity she will no longer work for him.

    Is this legal? i know there are laws for employers with more than 5 employees, but what protects the workers for companies with less than 5? i feel she has been discriminated against but dont know what to do. He did say that he was going to offer a severence package, but i dont know if this is "hush" money so we do not seek legal advice or something i should take. I just dont know what to do. Please help.

  • #2
    Since the employer has less than 5 employees, there is no job protection under
    FMLA, CFRA, PDL, the Ca. FEHA or federal discrimination laws.

    The only job protection you wife would have had is that it a violation of the Ca.
    constitution as against public policy to terminate an employee *due to* pregnancy.
    This applies to being terminated *just because she is pregnant.*
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