Legal Question in Administrative Law in California

Firing a pregnant employee

If an employer decided to fire a pregnant employee, who mess up all the time after a year of employment, can employer fire the employee even though she is pregnanat? The mistake is legitimate. Please advice. Thank you.


Asked on 5/20/04, 11:25 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Firing a pregnant employee

A pregnant employee can be fired. However, she can't be fired because of the pregnancy. There must be another reason, justification or basis.

Sometimes it is said that an employer can fire an employee for a good reason, or for no reason at all, but never for a bad reason. Pregnancy is an example of a bad reason.

There are also some limitations on the employer's right to fire an employee for no reason at all. In the case of a pregnant employee, firing her for no reason at all might be unwise because of the likelihood of suspicion that there was indeed a reason -- the pregnancy.

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Answered on 5/20/04, 1:10 pm


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