What canI do ifI was fired while pregnant and without and explanation?

UPDATED: Aug 8, 2011

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What canI do ifI was fired while pregnant and without and explanation?

I worked for an after school program. At the end of this past school year they had me sign a paper stating that I would not apply for unemployment for the 8 weeks I was to be unemployed for. When I asked, “What if I don’t sign it?” I was told that I would not be returning to work the following school year, so I signed it. A week before the school year started again, I had yet to receive a call from my employer. Therefore I began calling and asking about the status of my employment. When I finally spoke to someone I was informed that I was no longer employed.

Asked on August 8, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In California, there are laws preventing an employer from terminating an employee's position because she was/is pregnant. When a female employee is so far along and needs to go away from the workplace due to health conditions or to have the child, the employer in California is required to hold open that employee's position until she returns to work or advises in writing that she elects not to go back to work. The only exception to holding an employee's position open is when economics dictate layoffs for the employer.

The document you signed was presented to you under false pretenses and with misrepresentations being made to you.

Your former employer calculated a plan to preclude you from receiving allowed unemployment benefits and to add insult to injury, terminated your position. You should immediately go down to your local labor department and speak with a representative there. You may have been wrongfully terminated from your position.

You should also consult with a labor attorney over what happened.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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