Our winning pregnancy lawyers have tried numerous lawsuits in court on behalf of women who were harassed on the basis of their pregnancy at work, not allowed to work due to pregnancy related medical restrictions (were fired or forced to quit), and were denied maternity leaves and reinstatement from maternity leaves. These are the workplace pregnancy legal issues an employee lawyer can help a woman with.
There is no reason not to call 661-412-9600 to start your case for pregnancy discrimination. There are not any up-front fees or costs for starting your pregnancy discrimination lawsuit.
None of the above cases involved employees who earned more than $50,000 a year.
With the exception of the $150,000 settlement following the jury verdict all of the employees in these cases earned close to minimum wage.
The value of pregnancy discrimination lawsuits involving the loss of a job, besides the likelihood of winning, involves the reasonable amount of past and future lost wages.
Past and future lost wages are based upon what the woman is capable of earning. Emotional distress damages are also typical in a pregnancy discrimination lawsuit.
Punitive damages are appropriate if the bad conduct was done by officers of the company, directors, or what are referred to as managerial agents who make corporate policy.
If you want the possibility of winning your pregnancy discrimination lawsuit, and winning a good sum
A woman’s right to California maternity leave depends on how large the employer is. There must be a minimum of 5 employees for California Government Code Section 12945 to apply. California Government Code Section 12945 requires employers to provide up to four months off due to pregnancy related medical conditions. This includes time off to treat during pregnancy as well as time off for birth and recovery. Women who are employed by companies with 50 or more employees in a 75 mile radius may be entitled to leave beyond the mere four months provided for employees of companies with 5 or more employees. Under certain situations California Family Rights Leave, otherwise known by lay people as Family Medical Leave (FMLA), can be stacked with the rights under California Government Code Section 12945 and allow for a total of 7 months off due to pregnancy. How the stacking of these rights works is a somewhat complicated legal issue employees need to speak to an experienced pregnancy lawyer about.
to find out how long you are entitled
to be out of work due to pregnancy
What is maternity leave? Maternity leave is obviously time off to give birth and recover. Recovery includes time off due to postpartum depression, a C-Section, or normal pregnancy. The more complicated question is whether time off to bond with a baby is covered by maternity leave. California Government Code Section 12945.6 is called New Parent Leave, or Parental Leave. The rights under that law are somewhat different. If you were fired from your job for taking Parental leave due to a new child call 661-412-9600. In deciding whether legal action is appropriate due to a woman’s treatment during her pregnancy, consideration must be given to how serious the mistreatment was. A job termination due to a pregnancy related medical condition certainly merits a lawsuit. Being forced to resign because an employer will not accommodate a pregnancy related medical condition is also serious. The question there is whether the employer could accommodate the pregnancy related medical restriction without undue hardship, and whether the task the pregnant woman could not perform was an essential function of her job opposed to something she only did a few times a month for a few minutes each time. In deciding whether to take legal action due to a pregnancy related job termination or failure to accommodate it is also important to consider potential lost wages. If a woman decided not to work after giving birth lost wages after birth are not feasible.
Pregnancy harassment includes nasty comments about pregnancy, failures to accommodate, or purposeful mean spirited conduct like making a pregnancy woman climb up on a ladder and lift heavy boxes if that is against a medical note provided to the employer. Pregnancy harassment damages may be based more on emotional distress than lost wages. Let our experienced pregnancy harassment lawyers help you figure out what to do about bad treatment at work due to your pregnancy call 661-412-9600.