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.
Free Case ReviewCommon Pregnancy-Related Termination Scenarios
What You Can Recover in a Pregnancy-Related Termination Case
If you have experienced pregnancy-related termination, California and New York law give wrongful termination victims real remedies. Depending on the facts of your case, you may be entitled to:
- Back pay and lost wages caused by the pregnancy-related termination
- Compensatory damages for the emotional distress it caused you
- Punitive damages where the employer's conduct was egregious
- Attorney's fees and litigation costs — most employment statutes shift these to the employer when you win
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.
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