Is there something I can do if my employer didn’t call me back for a new duty at work after he said he would and is it considered unlawful termination

The answer depends on specific words in the physician's 'instructions'. Generally, California is an 'at will' employment state, which means you can be terminated for no reason at all, if the employer no longer requires your services, you can be terminated. If you are terminated in retribution for claiming benefits for an industrial injury (workers compensation), Labor Code132a says its a misdemeanor to discriminate including terminate a worker just because the worker requested workers comp benefits. Proving the 'mind set' of the employer not calling you will be nearly impossible just ask any Workers Compensation Judge. it is very, very rare a Comp Judge finds that the main reason an employer didn't re-hire the employee was soley because that worker asked for comp benefits, because you have show what another human being was thinking. Here's the trouble: if the doctor's note says that the job resulted in harm to your placenta and the doctor doesn't "release" you to full duty with no restrictions, the employer is justified in presuming you are temporarily disabled and not available for work. If you are 'released' to MODIFIED duty limited hours or limited standing or weight bearing the employer has no obligation to make a special job for you. If you are 'released' to full duty with no restrictions, you need to physically report for work (so you can tell a judge you appeared ready for work with a full release and were sent home). Also, the substance of telephone conversations is worthless. If you have fully recovered and were released to work unlimited hours with unlimited standing and lifting and the employer refuses to let you return, you need to put those facts in a letter demanding to be placed on the schedule. If you were not released to full duty and you can only stand a little and only work a few hours, you need to request Workers Compensation benefits IN WRITING. YOU NEED a WRITTEN report finding you are Temporarily Totally Disabled until you are released to unlimited standing and extra hours (the result of the employer refusing to provide modified work).

You might have a workers compensation claim, did you file one? You might have a claim for pregnancy discrimination.

1) You may now file an unemployment claim. Even tho you are not separated. You are unemployed if you do not work, and earn no wages. Since you are pregnant, you likely will need a dr note saying you are able to work. 2) You should consult with an attorney that does discrimination cases. You will need to show that this is unlawful discrimination. Does the employer have work that will fit your limitations? If not, #1 may be your only remedy.

You should check with a lawyer to see if you are covered by the FMLA, Title VII, and other federal or state laws that might be implicated.

Depending on several factors, including the size of your employer, this may be a violation of the FMLA (Family with Medical Leave Act) and/or the ADA (American's with Disabilities Act). There are many factors which must be present for an employer to be subject to the FMLA and ADA. You should consult with a qualified employment attorney to discuss the details.