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Hi i am pregnant

Bakersfield, CA |

hi i am pregnant and i work at Nestle through a temp agency and i recently got hired on to the company (Nestle) full time.i am currently 7 months and 2 weeks pregnant and getting hired on is a process and takes time..My question is if they are able to hold my position or just fire me legally for either not being able to start work right away because im too pregnant or taking care of the baby.They know im pregnant too

Attorney Answers 4


It is unlawful for a CA employer to discriminate against you because you are pregnant. If it appears that the company is doing so, contact an employment law attorney. Many of us offer a free initial phone consultation.

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Congratulations on your pregnancy. It is understandable to be concerned about how the uncertainty of child birth may affect a new job.

The most important thing for you to know is that an employer, including an employment agency, may not make employment decisions because of your pregnancy. In other words, it cannot refuse to hire you or continue your employment because of it. Also, employers must attempt to reasonably accommodate an employee's limitations related to pregnancy.

However, that does not guarantee continued employment, if the job was only intended as a temporary one or for any other legitimate business related reason. So, if you were hired as a short term replacement, your status would not change. My best suggestion is to use this opportunity to prove your value to the employer by doing the best job you can. Hopefully, if they like what you show them, they will bring you back after your leave. If they don't and you have a good reason to believe you were denied employment due to your pregnancy, you should speak with an employment law attorney for advice.

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

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If you are truly a full-time employee with Nestle, you now have extra protection thanks to new regulations passed by the California Fair Employment and Housing Commission. You can find these new regulations online, here.

Best regards,

David A. Mallen

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

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An individual in your circumstance would be protected by California's Pregnancy Disability Leave Law. PDLL covers individuals who work at companies with 5 employees or more, and applies regardless of how long the individual has been employed. The law requires employers to provide for up to four-months of protected leave per pregnancy that can be taken all at once or in smaller increments, as necessary.

Specifically, Government Code 12945 states:

(a) In addition to the provisions that govern pregnancy,
childbirth, or a related medical condition in Sections 12926 and
12940, each of the following shall be an unlawful employment
practice, unless based upon a bona fide occupational qualification:

(1) For an employer to refuse to allow a female employee disabled
by pregnancy, childbirth, or a related medical condition to take a
leave for a reasonable period of time not to exceed four months and
thereafter return to work, as set forth in the commission's
regulations. The employee shall be entitled to utilize any accrued
vacation leave during this period of time. Reasonable period of time
means that period during which the female employee is disabled on
account of pregnancy, childbirth, or a related medical condition."

An employee who takes leave under the Pregnancy Disability Leave Law cannot be fired in retaliation for taking that time off.

Here is a link to the actual text of the law:

I hope this helps you.

This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.

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