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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38910
Experience:  Retired (mostly)
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My hospital employer will not let me even consider adopting

Resolved Question:

My hospital employer will not let me even consider adopting the baby I have been taking care of since he was born 3 months ago. His parents do not visit and he will become part of the welfare system. He truly thinks I'm his mom and only responses/ interacts with me. Is there anything I can do?
Submitted: 6 years ago.
Category: California Employment Law
Expert:  ANDREA replied 6 years ago.
Hi, Welcome to JustAnswer

My name is XXXXX XXXXX I would be glad to help you

Q. Why does your employer have anything to say about the adoption ?

Thank you
Customer: replied 6 years ago.
Expert:  socrateaser replied 6 years ago.

This question appears to have been originally responded to by someone not qualified in the California employment law category. Consequently, she cannot answer the question. If you still need assistance, despite the delay (this is the first I've seen of the question), please let me know and I will try to assist.

Thanks for your understanding.

Customer: replied 6 years ago.
I still do need assistance. Thank you
Expert:  socrateaser replied 6 years ago.
Okay, here's the deal.

Under Labor Code 2922, an employer can terminate an employee at any time, for any reason, or for no reason at all. The exceptions are:

1. Unlawful discrimination: race, color, nationality, religion, sex, age, disability, etc.
2. Violation of public policy: jury duty, witness subpoena, report of employer's criminal activities to law enforcement.
3. Breach of the employer's internal written disciplinary policies. This actually does not prohibit an employer from terminating an employee, but it does permit an employee to recover lost wages asociated with the termination.

In your case, you may be able to make a claim that you are being discriminated on the basis of race, color or nationality, if the child you seek to adopt is of a different race/color/nationality than you, or if you are of a minority classification yourself. The basis of the claim would be that the employer is treating you differently because of your race, or your choice to adopt a child of a different race/color/nationality.

This is a rather novel claim, but it's the sort of thing that could get a lot of media attention, especially with a hospital that would appear to mistreat health care workers who care about underprivileged children.

I can't recomment any particular lawyer, but this is the sort of case that someone like Gloria Allred would probably love -- as may the ACLU.

Hope this helps.

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socrateaser, Lawyer
Satisfied Customers: 38910
Experience: Retired (mostly)
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