Taking Legal Action following Wrongful Termination after Pregnancy
By Gregory Thyberg on September 30, 2019
The state of California is one of many that is considered an at-will employment state. This means that an employer does not have to cite any specific cause or reason when letting an employee go. Despite the state’s at-will status, workers still have certain rights that protect them from wrongful termination.
Wrongful termination occurs when an employee is fired for discrimination or retaliation. Unfortunately, many women experience wrongful termination after pregnancy. Women in the Sacramento, CA, area who believe they have been wrongfully terminated because of their pregnancy can work with attorney Gregory Thyberg to take legal action against their employer.
There are no employment laws that allow pregnant women special treatment or privileges, but there are laws that are put in place to prevent sex discrimination. Sex discrimination laws make it illegal to treat a woman differently based on her sex; this also protects women from being treated differently based on their reproductive capacity.
If a woman is denied a job, promotion, raise, or special assignment because she is pregnant, or if a woman is demoted or fired because of a pregnancy, that is considered sex and pregnancy discrimination. Women who face sex discrimination at any point throughout their pregnancy can make a legal claim against the employer.
Proving Wrongful Termination after Pregnancy
Most employers are well aware of sex and pregnancy discrimination laws. Because they are unlikely to admit discrimination, it is a good idea for victims of wrongful termination to work with an attorney, such as Gregory Thyberg, who has worked on similar cases and has extensive knowledge about employment laws.
Gregory Thyberg and our team will gather evidence to show that the employee was treated differently than other employees would have been treated in a similar situation; we will also show that the differential treatment was based on the pregnancy. There are several types of evidence that may be used in a wrongful termination case involving pregnancy:
- Any communication admitting the pregnancy played a role in the termination
- Evidence showing that the employer deviated from normal termination protocols
- Evidence showing that the timing of the termination was suspicious (i.e. being let go immediately prior to maternity leave)
- Prior treatment of employees that could demonstrate a pattern of discrimination
- Past job reviews or communication that contradicts claims made regarding the termination
Damages in a Wrongful Termination Lawsuit
When filing a wrongful termination lawsuit for our Sacramento clients, Gregory Thyberg seeks out compensation for all applicable damages. Damages include the financial and non-financial losses that stem from the wrongful termination.
Typical avenues of compensation in a wrongful termination suit include:
- Lost wages
- Lost benefits
- Emotional stress or trauma
- Punitive damages
- Legal fees
Contact Our Legal Team
If you were fired while pregnant, you may be a victim of wrongful termination. To discuss the details of your case and learn more about your legal options, contact our legal team online as soon as possible, or call (916) 204-9173 to schedule a personal consultation with attorney Gregory Thyberg at our Sacramento office.