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Wrongful Termination · California & New York

Pregnancy-Related Termination Attorney

Dealing with a pregnancy-related termination issue? Our California & New York employment attorneys can help you get the compensation you deserve.

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Common Pregnancy-Related Termination Scenarios

You were terminated shortly after informing your employer of your pregnancy
Your employer refused to accommodate pregnancy-related medical restrictions and then fired you for inability to perform duties
You were laid off while on maternity leave and your position was filled by another employee
Your employer made comments about your pregnancy being a burden before firing you
You were demoted or given reduced responsibilities upon returning from parental leave and then terminated

Your Employment Rights in California & New York

If you have experienced pregnancy-related termination, both California and New York law provide strong protections. You may be entitled to:

  • Back pay and lost wages recovery
  • Compensatory damages for emotional distress
  • Punitive damages in cases of egregious conduct
  • Attorney's fees and litigation costs paid by the employer

Pregnancy-Related Termination FAQ

What laws protect pregnant employees from termination in California?

California offers robust protections: FEHA (Gov. Code § 12940) prohibits pregnancy discrimination, the Pregnancy Disability Leave Law (Gov. Code § 12945) provides up to four months of protected leave, and CFRA provides additional bonding leave. Employers with 5+ employees must provide reasonable accommodations for pregnancy-related conditions.

What protections do pregnant employees have in New York?

New York's Human Rights Law prohibits pregnancy discrimination. The NY Paid Family Leave Law provides up to 12 weeks of paid leave for bonding. NYC's Pregnant Workers Fairness Act requires employers to provide reasonable accommodations. The federal Pregnant Workers Fairness Act (2023) also provides nationwide accommodation rights.

Can my employer fire me while I am on maternity leave?

Generally, no. Firing an employee while on protected pregnancy or parental leave creates a strong presumption of discrimination. Your employer must hold your position or an equivalent one. However, if a legitimate business reason unrelated to pregnancy exists (such as a company-wide layoff), termination may be lawful — but the employer bears a heavy burden of proof.

What should I do if I was fired after announcing my pregnancy?

Document the timeline: when you disclosed your pregnancy, any comments made by supervisors, and when you were fired. Preserve all emails and texts. File a complaint with the DFEH (California) or DHR/EEOC (New York) as soon as possible. Contact an employment attorney immediately, as these cases often have strong evidence of illegal motive due to suspicious timing.

Other Wrongful Termination Claims We Handle

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