California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law
This answer was rated:

My husband and I have a small business in the city of LA.

We have one full time...
My husband and I have a small business in the city of LA. We have one full time employee. She did not disclose that she was pregnant when we hired her. She started working for us at the end of last November. She is out on maternity leave now. We have someone temporarily filling in and like this person very much and would like to keep this person on full time. Are we legally obligated to keep the position open for the employee who is out on maternity leave?
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 7 hours by:
8/5/2011
socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39,498
Experience: Retired
Verified
Hi,

I've been out of office. Hope I'm not to late to help.

In contrast to every other form of employment discrimination, discrimination based upon pregnancy is protected under Cal. Const. art. I, § 8, even if an employer has less than tive employees. Badih v. Myers, 36 Cal. App. 4th 1289 (Cal. App. 1st Dist. 1995).

You cannot terminate the employee while on pregnancy leave.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!



socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39,498
Experience: Retired
Verified
socrateaser and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
I understand that I cannot terminate her while on maternity leave. Is there a certain number of weeks that she can legally be out on disability/maternity leave if we as a company of no "maternity leave" policy. And at the end of that disability term am I required to hire her back?

And if she returns could we let her go on grounds that she's not a "good fit" personality-wise?
Hey, I just found something useful here.

An employee has no reinstatement right if "each means of preserving the job or duties for the employee (such as leaving it unfilled or filling it with a temporary employee) would substantially undermine the employer's ability to operate the business safely and efficiently." 2 Cal. Code Reg. § 7291.9(c)(1)(B).

Being that you have only one employee, not filling the position during the employee's leave is an absurd requirement. That's how I would approach the problem if it were my employee.

Just realize that some enterprising employment rights lawyer may want to sue you just to try to get you to cave in. That could cost you money to defend -- so, having the law on your side, may still be a sub-optimal solution.

Re the amount of time that you must reserve the job, absent a legitimate defense (are you sitting down): it's 4 months!

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Ask Your Own California Employment Law Question
Customer reply replied 6 years ago
Thank you so much! So in essence, I would need to legally keep the position available to her for 16 weeks from her last day before she started her maternity leave and keep the temporary employee. Once the 16 week window has passed, we then have no legal obligation to re-hire her.

I do understand that that she could make our lives difficult.
Correct.

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39,498
Experience: Retired
Verified
socrateaser and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39,498
39,498 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

35 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

11 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

< Previous | Next >

Related California Employment Law Questions
This is new to me since I was never before been terminated
Hello, this is new to me since I was never before been terminated this way, only once as a multiple layoff situation. My employer of 27 months, a very successful start up who has grown from a 100 empl… read more
Bill Attorney
Bill Attorney
law
1,590 satisfied customers
I have a question concerning my open California State
I have a question concerning my open California State Disability. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Marsi I worked for local 324 from 1987 to 1995 they say I am
Hi my name is ***** ***** I worked for local 324 from 1987 to 1995 they say I am short seven to 10 hours to become vested I believe I had a total of 9800 hours but all of my papers burned in Sonoma co… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
I have been called to an investigation meeting with my
I have been called to an investigation meeting with my employer based on a complaint that another employee said i have been rude and condescending for 2 years. The interrogation is on Tuesday. I would… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,288 satisfied customers
I was out on pregnancy disability from april 1, 2017- August
I was out on pregnancy disability from april 1, 2017- August 1, 2017, then took 6 weeks of cfra from August 1 to September 12th. … read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
I suffered a workers comp injury back in 2013 and have
I suffered a workers comp injury back in 2013 and have lifetime medical for psych and my right shoulder here in CA. My case was recently reopened, and I would like to request a service dog again for m… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am looking for an attorney with experience in workers
Hello, I am looking for an attorney with experience in workers compensation … read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
I am looking for help regarding my job, which is
I am looking for help regarding my job, which is headquartered in California, but I am located in MI … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,529 satisfied customers
A company offered a PR position to service their LA and NY
A company offered a PR position to service their LA and NY agencies. The employed mentioned that this position would also be helping their TBD/soon to be launched company. Upon confirming employment, … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I have a small California based consulting business. So far,
I have a small California based consulting business. So far, it has been me with no employees on payroll. My first full time employee comes on board next week. I want to make sure I am in compliance w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,288 satisfied customers
I have a Salary employee who did not give her two weeks
Hello-I have a Salary employee who did not give her two weeks notice. Question: Do we have to pay out her accrued PTO and Sick time?… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers
My employer owes me 6.5 years back pay for "special
My employer owes me 6.5 years back pay for "special incentive compensation" because I hold state license registration that qualifies me for this union contract extra pay provision, however employer is… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers
What does this statement mean? For the reasons provided
What does this statement mean? For the reasons provided below, we have determined that you cannot perform the essential functions of a Document Verification position.… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,529 satisfied customers
In California ... iWork 8 to 3. I usually get my 30 between
In California ... iWork 8 to 3. I usually get my 30 between 8 and 11 maybe 11:30 then a 10 around 1 to 2 am I entitled to more breaks. … read more
socrateaser
socrateaser
Lawyer
39,498 satisfied customers
I have a question about california state disability
Hello, I have a question about california state disability eligibility … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I manage a small business in California. I sent home an
I manage a small business in California. I sent home an employee for one week with no pay on a disiplinary suspension for repeated violation of our company policy that employees must work till 5pm unl… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,529 satisfied customers
I was falsely accused at work and they suspended me until
I was falsely accused at work and they suspended me until they investigate. My issue is she has made racial epithets towards me and sexual remarks but being a guy I didn't go to H.R. I thought was coo… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I was wondering if a supervisor texts you a warning through
I was wondering if a supervisor texts you a warning through about a final warning should it be seen as a threat … read more
socrateaser
socrateaser
Lawyer
39,498 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x