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

UPDATED: Jun 8, 2009

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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


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

Answered 13 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,

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!

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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