California Employment Law
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Hello and thank you for entrusting me to answer your question.
I'm very sorry to hear that your wife lost her job.
What was the stated reason for termination?
California's Pregnancy Disability Leave Law protects a pregnant employee's job for up to 4 months.
Unfortunately, however, that law only protects against termination stemming from the employee's absence, it doesn't protect against layoffs.
So in other words, an employer can't terminate a woman who takes 4 months off during her pregnancy because she's "never at the office," but a layoff unrelated to the pregnancy is permissible.
It is legal unless your wife can demonstrate that she was targeted as part of the mass layoff due to her pregnancy.
Do you have any reason to believe that she was targeted due to her pregnancy? Any statements from her employer that would indicate such?
Issues relating to her taking time off for her pregnancy?
She will need to prove that her layoff was a subterfuge to terminate her due to her pregnancy.
Or more specifically, due to her absence as a result of her pregnancy.
Termination for any other reason is not illegal.
It is very difficult, which is why suits such as these are rarely successful, unfortunately.
Any evidence would be admissible if it tends to prove that she was let go for this reason.
Statements from management, a policy discouraging pregnancy leave, etc.
I wish I could give you more favorable news, I sincerely do.
But I hope that you appreciate knowing how the law operates in this instance. If I could change it I would.
Does this adequately answer your question? My goal is that you are absolutely satisfied with my response, so if you have any additional questions or concerns please let me know.
Thank you. I would be very grateful then if you would "accept" my answer. You will still be able to follow up with me at a later date if you find that anything is unclear or you require clarification.
That will be at no charge to you.