Wrongful Termination Based on Pregnancy Leave

In most cases, in California the relationship between an employer and an employee is an “at will” relationship. This means that the employer can terminate the employee at any time for any reason. There is an important exception to this rule. Even if the employment relationship is at will, an employer cannot fire an employee for a reason that is illegal. One such reason is firing an employee because she is pregnant or took pregnancy leave. If an employer fires an employee based on her taking pregnancy leave, that employer would have committed an illegal act of workplace discrimination. Employers who discriminate based on pregnancy leave face serious consequences such as penalties and fines. In addition, such employers may be ordered to pay their victims significant compensation such as back pay and lost benefits. If you are in need of an employment lawyer because you believe you were wrongfully terminated because you took pregnancy leave it is important that you immediately contact an experienced Los Angeles Wrongful Termination Based on Pregnancy Leave Lawyer who will review your claim and explain the steps for making sure your employer is held accountable for violating the law.

Applicable California and Federal Laws

The federal Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing and fringe benefits, such as medical leave. Thus, terminating an employee based on taking pregnancy leave would be a violation of the PDA.

California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940, is one of the strongest set of regulations designed to protect employees against workplace discrimination. FEHA’s broad coverage protects not only pregnant women from discrimination, but also prohibits discrimination in the workplace based on a person’s sex, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, or sexual orientation. Thus, under FEHA employers are not permitted to discriminate against employees on the basis of pregnancy or conditions related to pregnancy. FEHA is enforced by California's Department of Fair Employment and Housing.

Pursuing a Wrongful Termination Claim

If you believe that you were wrongfully terminated based on your pregnancy, you have the right to file a claim under federal or state law. You may be entitled to damages in the form of compensation, including lost pay, lost benefits and punitive damages.

• Lost pay. Lost pay is the amount of money you would have been paid if had you not been wrongfully terminated. This amount may include your base pay as well as overtime, cost-of-living increases, merit raises, and tips. However, if you were wrongfully terminated, you have a duty to mitigate your financial losses. For example, it is expected that you will make an effort to find another job. If you get a new job, or if your receive unemployment benefits, that money will be deducted from the amount you can claim as your lost pay.
• Future pay. If you are unable to find work, then you may also be awarded future pay.
• Lost benefits. This includes the value of medical and dental insurance, as well as the value of participation in pension plans, profit-sharing plans and 401(k) plans. For example, if you lost health insurance as a benefit because you were wrongfully terminated and as a result had to pay for medical expenses out-of-pocket, you may be entitled to reimbursement for that expense.
• Punitive damages. This is an additional amount that the court may order the employer to pay in cases where the employer’s actions were particularly egregious.
• Injunctive relief. In some cases the court may order that the employer reinstate the employee.

Keep in mind that it is important to proceed quickly with your claim, as discrimination claims are subject to a statute of limitations. A statute of limitations law gives the time limit that a plaintiff has to bring a claim against another person or entity. Failure to timely file a claim will may mean that you will be forever barred from pursuing compensation in your pregnancy discrimination case even if your case has merit.

Los Angeles Wrongful Termination Based on Pregnancy Leave Lawyer

If you are the victim of wrongful termination, harassment, or discrimination in the workplace based on your pregnancy, pregnancy leave, a pregnancy related illness, or childbirth, you should discuss the specifics of your case with an experienced employment lawyer right away. Not only may the discriminating party face serious consequences, you may be entitled to compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients who have claims against their employers for wrongful termination claims, wage-and-hour claims, and other employment-related issues. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.

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