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Injured Pregnant womenn that got laid off

San Jose, CA |

t 12wks Into my pregnancy I was injured during work I was working a 12 day and later in the night was rushed to the hospital because I was bleeding bad.. doctor told me I tore my placenta due to being over worked and I must take 4 days off from work I show my employer the note and instructions from the doctor he said ok when u come backhoe will have a new duty for u I came back and he said I'll call you when to come in... Well he never called me and I've been laid off

The company is gas station .. I know in my heart what he did isn't right .. I was and am still upset. Is their something i can do?

Attorney Answers 3

Posted

Yes, there is something you can do. That would be to start contacting employment law attorneys, in your area, to evaluate your legal options. From the very few facts you have presented, it sounds as though you may have been discriminated against but you will need help. The first step is to have an experienced discrimination law attorney hear all of the facts so you can receive proper legal advice.

I suggest you go to the website for the California Employment Lawyers Association at www.cela.og and click on the "Find a CELA Member" on top of the page. Look for attorneys who practice discrimination law in your county. Do so as soon as possible as there are time limits to bring these claims.

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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Asker

Posted

Thanks so much for advice sorry for the misspelled words.. how long do I have to file a claim... It has now ben 2 months that I've been waiting for call to tell me to come into work. I'm 22 and since I haven't worked. It's been a struggle to survive financially..

Michael Robert Kirschbaum

Michael Robert Kirschbaum

Posted

The time deadline to file a complaint with the California Department of Fair Employment and Housing is one year from the effective date of your termination. This is something that must be done before you can file a lawsuit. But you need to speak with at least one employment law attorney, in your area, to assess you case and get more specific advice. You also should qualify for unemployment benefits, while you are able to work.

Posted

Mr. Kirschbaum is absolutely correct: find an employment lawyer, and CELA (www.celaweb.org) is the right place to start.

It is illegal to discriminate against someone (1) for being pregnant, and (2) for taking time off due to a pregnancy-related condition. Although you've not gone into detail, what you have stated is enough to give me suspicion that your termination may have been illegal. Contact an employment lawyer ASAP.

Good luck,
Craig T .Byrnes
www.ctblawfirm.com

Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.

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Posted

Thanks so much for responding.

Posted

I also agree with Mr. Kirschbaum. You may find it helpful to learn a bit about discrimination law so you will better understand the process. Please look at my guide to unlawful discrimination: http://www.avvo.com/pages/show?category_id=6&permalink=what-is-unlawful-employment-discrimination--california-law which should help you understand lawful and unlawful discrimination, how to enforce your rights, and time limits.

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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