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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35390
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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California - I work for a company that employs only me at this

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California - I work for a company that employs only me at this moment. This company was formed in 2008, and is owned by an Australian entity (our headquarters). I have been with the group for 6 years.
I recently told them I was pregnant, and have been coming up with solutions on how to manage the business while I am on maternity leave. While many day to day operations can be outsourced to the home office for this time, and our broker network runs our sales, I've been told numerous times to consider resigning (by the company). I have offered to come back part time, and within six or eight weeks. What are my options? Since the company is so small, I am assuming some of the laws don't apply to them. I don't want to resign since I would like to be able to claim UI after my disability runs out.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm sorry to hear of your situation.

Does the company have other offices in CA, or are you it?

Doug
Customer: replied 4 years ago.
No, this office the one and only.
Expert:  LawTalk replied 4 years ago.
Good morning,

Thanks for the additional information.

You really have no protection against discrimination by your employer simply because there are not enough employees of the company in the state. Even with the very protective CA pregnancy leave law, and protections afforded pregnant women, there must still be at least 5 employees.

However, you do NOT want to consider resigning. Force the company to terminate you. If they do this after you have taken your maternity disability leave, then as soon as you have sufficiently recover from the delivery to be able to go back to work, if your position is no longer available you WILL be eligible for unemployment benefits.

No employer will hold a termination from a previous job against you when you share that it was in retaliation for you becoming pregnant---so that should really be a non-issue as well.

For the moment don't consider resignation, and see how they company handles the situation as it unfolds.

I wish you the best in 2012, and a healthy, and happy, baby.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug
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