on feb. 28 2012 at work my manager call me in the late afternoon and take to me in the her office and ask to leave for the day and not come to work the next day too and just wait for the HR representatives call. im assuming that my manager just forced me to take a leave of absence by my manager without a clear reason she just told me that im paid and im paid the next day too for staying home and wait for their call after a days, is this even legal? im pregnant right now and im scared that when i get a phone call and they might tell im fired. what will be my rights about this situation? i cant think of any job/performance issue about me getting a force leave of absence because im doing my job properly. i was left hanging by my manager and this force leave of absence is just scaring me.things just went out of proportion at my work place when people start gossiping about me and people just like to be in my business. during those times i just ignore those people and just go on working and i did not create any thing that might cause me loosing my job. and now this what happened. the company i work for is just by contract basis, we service a copy/re-pro/mail room service for this law firm. so i don't know how my HR representative handling my case but what happens to me right now is i felt i was being drop by my employer/manager and HR. prior to this my manager send me to HR to talk to our HR representative to give my side about the issues going on with the secretaries that causing me trouble/gossiping about me and during the time she was talking to me and taking down note i was hoping that things will be ok that ill be more confident to go to work without fear that people just find a reason to get me terminated or fired.
First, congratulations on your growing family! I know this is not a time to have to worry about your job.
Just as you are baffled by your employer's reasons for putting you on leave, so too will everyone else be, just from reading your post. There are so many possibilities, and we can only speculate. Perhaps someone complained about you. Perhaps you did something against policy without knowing it was against policy. Perhaps you are being discriminated against because of your pregnancy. Perhaps you are not doing your job as well as you think. Perhaps your employer is making a huge mistake. In other words, who knows what is going on?
I know you are scared and it is very hard to take this. Unfortunately, employers do not have to be considerate or fair. And yes, you can get fired during a forced leave of absence. You can get fired at almost any time. Please look at my Avvo guide on California's at-will employment law, which should help you understand your rights in this difficult situation, as well as in the future. http://www.avvo.com/legal-guides/ugc/a-short-summary-of-california-at-will-employment.
I hope things work out for you.
*** 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. ***
Rather than speculating, perhaps you could write the HR manager to inquire about the reason, estimated duration, and terms of your current involuntary leave of absence. Then you will hopefully know today, and you will have a written position from HR if legal investigation/action becomes necessary later.
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