Qualify for unemployment?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Qualify for unemployment?

I went on maternity leave over the fall. I got my disability extended and my PFL just ended a few weeks ago. I called and spoke to the manager and she said for me to come in and meet with her. I did just that. She said she could give me 3 days a week and I could start this Friday. Then the next day she called to tell me that after speaking to her manager that they decided they couldn’t bring me back. I don’t understand what happened between then and now. She also didn’t seem happy that I would need time to pump milk for my baby. I also don’t understand how they don’t have work for me but yet they have a job ad posted online for the same position. Would this qualify me for unemployment? I need to supplement my income while I continue to look for another job. I have a 7 month old baby that I need to provide for and my rent is due soon.

Asked on July 20, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No only should you be qualified for unemployment, since you have been terminated not "for cause" (i.e. not for doing something like insubordination, unauthorized absences, violating company policy, etc.), but you may have a claim for illegal sex-based discrimination: it is illegal to discriminate against a woman, such as by refusing to employ her, due to pregnancy or having had a child (since only women get pregnant, taking action against someone because of pregnancy or having had a child is seen as anti-woman discrimination). It would be one thing if they had eliminated your position entirely, finding, for example, that they did not need it; but to let you go and replace you under these circumstances implies the real reason is your pregnancy and need to pump for your child. You should contact the EEOC about filing a discrimination claim; you may be entitled to compensation.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption