QUESTION
Do i have a wrongful termination case?
Asked on Oct 22nd, 2012 on Business Law - California
More details to this question:
I worked for a big drug store chain. I got pregnant and worked up until four days before my son was born, i then began my LOA i got the six weeks then the extension for three months my return to work date was supposed to be July 11, 2011 i called HR at the end of June 2011 to request another extension after my store manager told me to take as much time as i needed. HR said i could take another three months and they would send me the paperwork within ten days and for me to fill it out and fax it back. Before i even received said paperwork i received a notice on July 9, 2011 stating my termination date would be July 11, 2011 for failure to return to work. I wasn't going to do anything but i have since had difficulty finding work because of the termination. Do i have a case and if so where do i begin and how?
1 ANSWER
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It is not possible to give a categorical answer to your question from the limited facts presented. Under federal law, your employer's obligation was to give you the same sick-leave benefits that it provides for non-pregnancy-related illnesses. It need not have given you all the time off you wanted, nor need it have given you more leave than it affords non-pregnant employees. Also, under federal law, you need not be given more than 12 weeks of unpaid leave, even under the best of circumstances. Unless your employer had a more generous policy in writing than what federal law requires, it does not sound as if your employer violated any principle of positive law.
Answered on Oct 22nd, 2012 at 2:00 PM