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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31740
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I just got terminated last friday 1.5 months while still my

Resolved Question:

I just got terminated last friday 1.5 months while still my probation period with the reason that "your skills to be insufficient to maintain employment" which is not the case. It is more because the director don't like me for some reason. I have a termination letter but at the last meeting, they said that I have an option to put in a resignation letter which would be better for me in the future when it come to back ground check for other jobs. I am two months into my pregnancy and now I have to feed my 4 year toddler and expecting another one...which is going to be extremely hard to find a job in the next 6 months. My question:
1) should I send in a resignation letter?
2) should I find myself an attorney to file a discrimination lawsuit?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Did the employer know you are pregnant when they terminated you?

Customer: replied 2 years ago.
I dont know
Expert:  Tina replied 2 years ago.
I see.

It is important to try to discover whether they knew about the pregnancy since the fact they provided you with a false reason for your termination does raise the suspicion of discrimination based on something and pregnancy is protected. So if they knew that you were pregnant, that would typically give rise to a claim for which you should file a complaint with the state fair employment and housing commission alleging pregnancy discrimination.

If you are unable to discover whether they knew you were pregnant, then you would not normally have recourse against the employer since you would be an employee at will and they could terminate you for any reason.

You should apply for unemployment benefits though since it does not appear you were terminated for good cause.

I would not turn in your resignation. Since this was such a short employment, you could omit it from your work history and if you discover they knew you were pregnant, turning in a resignation could hurt your case.

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Tina, Attorney
Satisfied Customers: 31740
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
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