Issued a performance warning after I told Human Resources I was pregnant

I informed my employer that I was pregnant on May 29th and on June 1st I received a performance warning specifying that I have 4 weeks of employment left unless I meet certain criteria. I feel that the performance warning is subjective and I would like to know how to best approach this considering this is very stressful for me during my pregnancy. I’ve been with the company for 10 months. I have the following questions:1. Should I take mental leave?2. What are the expectations for my end goal as the work environment is damaging to my health and has put a halt on my career?

Asked on June 8, 2009 under Employment Labor Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think you need to talk to an employment discrimination attorney in your area, absolutely as soon as possible.  One place to find a qualified lawyer is our website, http://attorneypages.com

Obviously, there is a lot of factual detail that you have, for good reason, left out of this question.  Those details are important, as cases like these are very sensitive to the facts, and things you might not think would matter can end up being the deciding point.

I think this is very much worth pursuing.  The fact that you got the performance notice on the first business day after you told your employer you were pregnant makes it suspicious.  You have important rights under a number of federal statutes, including the Americans With Disabilities Act (ADA) -- and under that law, if you can do your job, but need a "reasonable accommodation" because of a physical or mental health problem, you may have a right to that.  Don't put this off!


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