If you were laid off or fired in California shortly after returning from maternity leave, you may have a lawsuit for pregnancy discrimination and/or wrongful termination, as California law protects employees from adverse actions taken against them due to pregnancy or taking family and medical leave.

Single Lay Offs:

If you were laid off while other similarly situated employees were not, and your layoff occurred shortly after returning from maternity leave, it could be considered pregnancy discrimination.

Multiple Lay Offs:

If multiple employees were laid off, but less experienced and/or less senior employees remained employed, it could be considered pregnancy discrimination.

Hire Replacements:

If after laying you off, your employer hired or promoted another employee to do your job (even if it is under a different job title), it could be considered pregnancy discrimination.

History of Laying Off Employees After Pregnancy Leave

If your employer has previously laid off employees after they take pregnancy or maternity leave, it could be considered pregnancy discrimination.

What to do next:

• Do Not Sign a Severance Agreement: By signing a severance agreement, you could waive you rights to file a lawsuit against your employer.
• Consult a lawyer: Reach out to an employment law attorney specializing in pregnancy discrimination to discuss your specific situation and legal options.
• Gather evidence: Collect documentation related to your employment, including your maternity leave request, return-to-work date, and details about the layoff process. Speak to a lawyer before doing this.
• File a complaint: You may be able to file a complaint with the California Civil Rights Department (CRD) alleging pregnancy discrimination.

Because these situations are extremely fact specific, it is important to speak to an experienced employment attorney about your situation to determine if you have a case. Contact Luna Legal Firm P.C. for a free phone consultation at info@lunalegalfirm.com.

Disclaimer: This is attorney advertising. This does not constitute a guarantee, warranty, or prediction regarding your legal matter. This does not constitute legal advice, nor does it create an attorney-client relationship. This is intended to serve as general public information. The laws on these subject matters change periodically, thus this information may not be up to date. Advertising by Luna Legal Firm P.C., 16501 Ventura Blvd. Suite 400, Encino, CA 91436.