Wrongful termination or pregnancy discrimination.?

Asked about 1 year ago - Los Angeles, CA

Recently I have told my GM that I am pregnant. Before he knew this, I was working 40-35hrs a week. After the fact of him knowing he has cut my hours down to 12 a week. I had been informed by other employees that my GM is "out to get me". Ever since he has found out that I am pregnant he has been being AWFUL to me. I recently had called in due to Morning sickness I was scheduled at on a Friday at 10am nd I had called in at 8:40am our store opens at 8:30am and usually no one is there till 9am. I was scheduled Fri/sat/sun/Mon. They he me off on sat and sun. I went in Monday to "termination" papers for calling in on Friday. I had refused to sign because they marked the Wright up as a "no show".& I feel that the write up was unnecessary. What actions do I take.? To I have a possible case.?advic

Attorney answers (4)

  1. Christine C McCall

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Did your call-in procedures conform to your employer's rules for calling-in?

    It is likely that your employer is legally prohibited from terminating you for being pregnant or for actions or omissions caused by being pregnant, but your pregnancy does not insulate you from your general and regular obligations to meet the employer's standards for workplace conduct. It is not uncommon for employees who have a legitimate workplace issue such as pregnancy or a disability to miscalculate the degree of legal constraint for the employer and to overplay the issue. Even pregnant, you can be terminated for violating workplace rules, for failure to meet performance standards, etc.

    You may want to reconsider your actions re the write-up. It may be more prudent for you to sign that you have received the write-up and note your disagreement with your signature.

    Congratulations on your pregnancy, but try to avoid the mistake of assuming that you are now bullet-proof. You are not, and an unnecessary lawsuit alleging that your termination was pregnancy discrimination is not something that that you will want to be burdened with during the remainder of your pregnancy and in caring for a newborn.

    As to the issue of reducing your hours, talk with a local employment discrimination attorney. It is often the case that skilled and effective legal counsel, who possesses professional powers of persuasion and diplomacy, can cause a necessary correction by your employer without putting your through the expense, delay and uncertainty of a lawsuit. That should be the first effort. Even a soundly based lawsuit is a gamble and seldom is a lawsuit better than a job.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Daniel Michael Holzman

    Pro

    Contributor Level 15

    Answered . This is a great pregnancy discrimination case!!!!! First you hire yourself an employment attorney who will take your case on a contingency fee (percentage). Then you sue the company for pregnancy discrimination, failure to accomodate your pregnancy and wrongful termination. You can even possibly sue the horrible GM for harassment.

    Being pregnant should be a happy time and you didn't need the added stress.

  3. Sagar P. Parikh

    Contributor Level 20

    Answered . In my experience, you may have a good case for pregnancy discrimination as you cannot be fired for being pregnant, which is what the facts seem to support here. A full consultation would be required to fully find out the facts and advise you properly.

    SP@BeverlyHillsLawCorp.com
    310-887-1338

  4. Kristine S Karila

    Contributor Level 16

    Answered . It is unlawful for a CA employer to discriminate or retaliate against an employee BECAUSE of her pregnancy. If you believe you are being discriminated against BECAUSE of your pregnancy, call an employment law attorney to discuss. Many offer a free initial phone consultation.

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