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Can an employer terminate an employee during maternity leave.

Los Angeles, CA |
Filed under: Employment

I was terminate during my maternity leave but the dr took me off early due to complications so i was terminated because i could not return to work when they want me to. Is this legal.

Attorney Answers 1


I am so sorry that your employer did that to you during what is supposed to be a very happy time. As if the complications were not stressful enough, they wanted to add loss of job to the things you had to worry about. It is very upsetting and possibly in violation of the law. Based on the very limited facts that you presented, it sounds like the employer might have terminated you for an improper purpose which is actionable. The employer is prohibited from discriminating against you because of a disability of which pregnancy is considered and if you were on a proper leave, you might have a cause of action against them. Truthfully, I would need more facts - the length of the leave, the policies and procedures of your company, what leave you went out under (how many employees work at your company helps determine what they are required to follow) etc. So, the short answer is that the actions of your employer might be actionable with more facts. I suggest contacting an employment lawyer and going for a free consultation or speaking to one on the phone to see if you want to pursue it further. Have you filed for unemployment? If you are going to, put down your allegations of "wrongful termination based on pregnancy" on the reasons for leaving. Good Luck.

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