Pregnancy is a vulnerable time for most who experience it. You face unique threats to your health and safety, and an awareness that major life changes lie ahead. However, these changes don’t have to include your career if that’s not what you want, and your employer cannot fire you because you’re pregnant or about to be a parent.
If you suspect that a recent termination was the result of announcing your pregnancy, the Orange County wrongful termination lawyers with Elite Employment Law are here to help you protect your rights and hold unethical employers accountable.
What Are My Rights as a Pregnant Employee?
Not only can your employer not legally fire you just for being pregnant, but you have additional rights to reasonable work accommodations for pregnancy-related health conditions. Your employer must make reasonable accommodations that allow you to take time for pregnancy-related doctor’s appointments and health conditions. They cannot terminate you for these absences or needs if they are related to pregnancy.
Signs of Wrongful Termination Due to Pregnancy
Your employer is likely very aware that they cannot terminate you just for being pregnant and needing accommodation for related complications. This means they are unlikely to tell you that this is the reason for your termination. California is an at-will employment state, but this does not mean they can terminate your employment for illegal reasons. Some clear red flags and indicators that you are facing discrimination and wrongful termination include:
- Termination happens shortly after your employer learns of your pregnancy or your request for accommodations
- Sudden micromanagement or unusual pushback from your supervisor that is outside of what is typical for you or other employees
- An unexpected negative performance review
- Exclusion from training or promotion opportunities that you would otherwise be included in
- Negative jokes or comments related to pregnancy or parenting
Any negative changes that occur soon after your announcement or request for accommodations may be evidence of discrimination based on your pregnancy. If these actions, such as a poor performance review, are what informed the decision to lay you off or otherwise terminate you, this may support your case.
What to Do if You Suspect You Were Wrongfully Terminated Because of Pregnancy
If you suspect that your employer is trying to terminate or has terminated you because of your pregnancy, our attorneys will likely advise you to follow your internal process to complain first. In a successful lawsuit, it can benefit you to show that you pursued other avenues to resolve the problem first. An attorney may advise you on the best path forward for handling the situation and guide you through appropriate escalation.
You may also need to file a complaint with the California Civil Rights Department before you can pursue a civil lawsuit. To prepare for this process, it is often helpful to take notes of the dates and instances that lead you to believe this adverse action is pregnancy-related. Our attorneys will often help you identify and gather the necessary documentation to make your case.
If you are unsure of your next steps, you can contact us to schedule a free case consultation and discuss the situation.