Legal Question in Employment Law in California

Hi I wanted to know if you think I had a case. I feel I was let go in an unfair way but wanted to know if I was right or not. I had already written to a lawyer once but got no response . Last month I was working thru an agency and I missed work on a Friday I called in and when I went back to work I took my drs note and then that Monday I got sick and was in the hospital I also called in still and gave them my papar work from the hospital. I then called my agency on a Friday and told the girl I had missed those days and I was told I was pregnant , so since the job I was in was for housekeeping I called her asking her if she can help me get a job on another area as I told her that and that I was pregnant she then told me if I was working at Kaiser I said yes and then she told me that they called her and wanted to end my assignemt for the days I missed she said they hadn't told me cause they werwnt ready to tell me and that she was supposed to call me and let me know that day but since I called she was now telling me I belive this is wronful termination

Asked on 8/07/13, 5:16 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless
0 users found helpful
0 attorneys agreed

Not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without ‘cause’, explanation or notice.

That is, UNLESS the conduct is based upon discrimination, harassment or retaliation as defined as actually ‘illegal’ under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes.

Sounds like you were terminated for missing work, and that they didn't know you were pregnant until after they decided to terminate you. IF, IF, you can show somehow that the termination was 'motivated by' pregnancy discrimination, then you may have a case.

Now if you think you can show the conduct was illegal under the above definitions, feel free to contact me for the legal help you’ll need.

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Answered on 8/08/13, 10:48 am


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