My employer cut my hours when I went back to work. My doctor put me on disability for 2 months because I was a high risk pregnancy. Unfortunately I had a miscarriage when I went back My gm only gave me 20 hours and and told me if i don't like it u could leave somewhere else my question what can I do. I always knew that by law they have to give u back your hours after u come back after the doctor has released u. Please i need help
The California Fair Employment and Housing Act (FEHA) also prohibits discrimination on the basis of pregnancy, childbirth, and related medical conditions. FEHA applies to employers with five or more employees.
You have a tough decision to make. Your employer is probably setting you up to be fired or is trying to get you to quit. Your next move should probably be to send your employer a written complaint stating that you believe the reduction in hours is due to pregnancy discrimination. I recommend you consult with an employment attorney as soon as possible before you make your next move, particularly if you are paid close to $100,000 a year. Your job and reputation are your greatest asset.
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.
I'm sorry this happened to you.
Pregnancy discrimination, including discrimination based on the need for pregnancy leave or disabilities related to a pregnancy, is illegal. The Fair Employment & Housing Act ("FEHA") prohibits it.
You will have to decide whether it is more important to keep the 20 hours per week, or to pursue your legal rights. If you complain about it, they are likely to fire you, which would be illegal, but employers do illegal things all the time.
I do *not* recommend sending the a complaint on your own. Speak to an employment attorney first, who can focus you on the issues that are important to get the best result for you.
If you believe that your rights have been violated, and you decide that you want to take legal action, make sure to do so within your statute of limitations, or your rights may be lost forever.
I hope this information is helpful to you.
Craig T. Byrnes
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.
I am sorry about your miscarriage and that you are facing this kind of situation at work.
If you work for an employer of at least 5 employees it is unlawful for that employer to treat you differently because you were pregnant, or because you needed medical leave. If it can be established that your reduction in hours was because you took pregnancy or disability leave then you likely have a meritorious legal claim. If the employer, however, can establish that the loss of hours was something that would have happened had you not been on leave, then the employer would have a valid defense. Unfortunately, the laws that protect employees against disability and pregnancy discrimination do not insulate the employee from adverse actions that would have occurred in the absence of the disability and/or pregnancy.
There is enough in your situation that it would make good sense for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Pregnant employees in Calif. can get protected leave if they suffer from disabling pregnancy related conditions and that means that the employer must return the employee to the same or similar position, hours, etc. It is against the law to discriminate or retaliate against you BECAUSE of your pregnancy or related leave. Call an employment law attorney to discuss the facts. Many of us offer a free phone consultation. Find employment law attorney contact info on Avvo.com.
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