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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39187
Experience:  Retired (mostly)
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my job is on the line. The Company is doing some "re-organizing"

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my job is on the line. The Company is doing some "re-organizing" of positions and I was sent an email response stating from the Regional director of Human Resourses " I understand that there are some restructure with admission Director positions. If you are not chosen, you MAY get some sort of severance" This, in my opinion is a form of harassment. I do not know if I will have a job after working for this company for over 12 years and this " not knowing" is causing extreme duress on a daily basis and I'm pregnant on top of it.
please advise

Ordinarily, an employee without a contract with a specified term of employment greater than one month in duration, can be terminated "at will" by the employer. Cal. Labor Code 2922. However, you said the "magic word," when you stated that you are pregnant.

California law is extremely protective of pregnant employees. If you are having stress or anxiety related difficulties with your pregnancy, then you can request "reasonable accommodations" from the employer, and once you do this, the employer will be hard pressed to eliminate you from employment, due to the fact that there may be a direct correlation between your pregnancy and your termination.

If you choose to go this route, then you may not want to tie your anxiety to the notice, because the notice by itself would not provide you with a cause of action, given that your anxiety would be triggered by the possibility of termination -- which is a lawful notice from the employer.

However, if you were already suffering difficulties during pregnancy, and it was affecting your job performance, then the notice could be viewed as retaliatory -- i.e., intended to cause you greater difficulties in performing your job duties, and that is unlawful discrimination.

In short:

1. Talk to your physician about your stress and anxiety and how it is negatively affecting your ability to perform your job.

2.. Ask the physician to certify you as having a disabilty related to your pregnancy.

3. Request reasonable accommodations for your disability from your employer.

4. If you are terminated, then either file a complaint with the Department of Fair Employment and Housing (DFEH), or hire a private employment rights lawyer and sue.

Please let me know if I can clarify anything or assist you further.
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