Wrongful Termination News
California Labor Lawsuit Gets Former Employee $2.1 Million Award
According to CBS 8 News, the plaintiff, David Bryant, worked for SDG&E (San Diego Gas & Electric) but was allegedly fired when he complained that the company targeted low-income households to increase profits from late fees. Specifically, Bryant alleged employees were told to hand-deliver delinquent notices in highly dense, low-income areas of San Diego. Hand-delivered delinquent notices can include a charge against the customer for $9 per note.
Bryant argued in the lawsuit that when he complained that the company was targeting low-income customers, he was fired.
California Current (6/3/11) reports that Bryant had worked for SDG&E for 22 years, starting out in the billing department and working his way up to position of senior collector by the time he was fired. Among Bryant’s concerns were that high-density, low-income areas were targeted because more delinquent notices could be delivered in a shorter time.
SDG&E maintained that Bryant was fired for inappropriate conduct and violation of company policy, but Bryant claimed he was fired in retaliation for speaking out against SDG&E’s practices.
In an interview with ABC 10 News (2/19/14), Bryant said that in one day in January 2011, approximately 2,000 households were visited with delinquent notices, earning more than $17,000. Of those, more than 80 percent were in southeast San Diego, Bryant said. With SDG&E focusing on high-density, low-income areas, higher-income households got a break, and were less likely to have to pay the $9 hand-delivered delinquent note fee.
A jury agreed with Bryant and awarded him $1.3 million punitive damages and $860,000 in compensatory damages. The jury found that SDG&E was liable for wrongful termination and retaliation.
According to a media statement released by SDG&E (3/26/14), the company plans to appeal the jury’s decision. “We believe that the evidence presented at trial showed that we reached the decision to terminate Mr. Bryant’s employment after a comprehensive investigation of allegations that he conducted himself at work in a manner that violated company policies,” the statement said.
Former US Marine Wrongfully Terminated from California 7-Eleven Store
Christopher says his former employer had violated California labor codes on a number of issues, including California overtime.
“Even though I was only paid $8 an hour, I took the job because it was night shift,” says Christopher. “When I first started, the 7-Eleven franchise owner asked me to promote their grand opening: I have a lot of ex-Marine and LAPD buddies so I was able to bring in a lot of business. I photocopied flyers and passed them around in my spare time…”
Christopher wasn’t paid to promote the store and he never asked for overtime pay - he was already working 40 hours a week. Things began to go sideways when his employer had a problem with the method of payroll and decided to go the paperless route. Christopher had two choices: he could have direct deposit or have his paychecks added to a debit card. He chose the latter but more than a month went by without getting paid.
“I was sinking financially and my bills were overdue,” Christopher explains. “Although I get benefits from the VA, it isn’t enough to cover my expenses so I was getting concerned. I had to borrow $80 from my employer, until they got payroll sorted out. Meanwhile, they owed me almost 50 hours of overtime and this time I asked for it.”
But the owners flat-out refused to pay overtime. Christopher says that the owners watch their staff on surveillance videos after their shifts are over and critique you, so everyone’s overtime is also on video. Christopher is certain that he was fired because he stood up for his rights and questioned the overtime issue.
“The owner didn’t have my last check upon termination, which is another violation of the California labor code,” says Christopher. “When I asked her why I was fired, she said that I was still under the 90-day probationary period and she didn’t have to give me a reason. I bent over backwards for her, all for $8 per hour.
“Talk about a hypocrite! This woman told customers over and over that she treats everyone like a family member but we were all treated like lackeys. I am aware that in her country they have a caste society and I saw this played out. And they never paid employees while training, which meant they got hours and hours of free labor - trainees had to haul merchandise off the trucks and stock the shelves. It was also a toxic work environment: If something goes wrong they would reprimand you but I always thought that making mistakes is part of the learning process.”
Christopher called the 7-Eleven corporate franchise office but didn’t get anywhere. He told them that his employer had violated several California labor laws, including his wrongful termination, but he never got a return call. “A few weeks later I called again. The HR woman said that they called my employer and it was taken care of,” he says. “Negative.”
Interestingly, one reason Christopher worked overtime was because the store was selling expired food and he had to re-label the expiration dates!
“They have a lot of condiments for hot dogs etc. with expiration dates of two days,” Christopher explains. “When these dates had expired, we had to re-label them - adding four days. As well, the owner would take off the expiration dates of turkey and tuna sandwiches and give them to the homeless shelter. Rather than throw them out, she had a tax write-off. Same went for donuts and pastries.”
Makes you think twice about buying sandwiches at a 7-Eleven, but this isn’t necessarily common practice - the 7-Eleven stores are franchises. Christopher might want to phone the 7-Eleven corporate office: Besides violating labor laws, this store might get slapped with violations from the Health Department.
Wrongful Termination Lawsuit Filed in California
According to Bloomberg (1/10/14), Ian Spandow, who is from Ireland but working in California for Oracle on an L-1 visa, was a senior regional manager in database sales. His lawsuit claims that when he tried to transfer an Oracle employee in India to California and requested the employee be paid what white employees were paid, Spandow was told to offer the employee less money.
When Spandow complained about that directive, he was allegedly fired. Spandow alleges his firing constitutes unlawful discrimination based on national origin and further alleges he was fired in retaliation for complaining about how he was told to treat the employee from India.
Although employees can have their employment terminated for no reason, it is illegal to fire someone for discriminatory reasons, such as national origin, race, religion and sexual orientation. Furthermore, it is illegal to fire someone in retaliation for complaining about working conditions, including unsafe conditions or issues with pay.
In December 2013, a former employee for PG&E was given a $1 million award in his wrongful termination lawsuit. The plaintiff, a former power line worker, alleged he was fired from his job for complaining about unsafe working conditions. According to the Santa Cruz Sentinel (12/16/13), Matthew Niswonger had been told by supervisors that he and his team had to replace a broken electrical pole without shutting down power.
Although no one was hurt during the work, Niswonger says there were close calls and he later learned that one other crew turned down the job because they felt it was too dangerous. Subsequent work done by other crews on the same pole was done with the power off. Niswonger complained about safety issues at work and, in September 2011, was fired.
The jury found in favor of the plaintiff and awarded him almost $600,000 for lost wages and benefits, and another $500,000 for emotional distress. A spokesperson for PG&E, however, has said the company will file post-trial motions.
The lawsuit is Spandow v. Oracle Corp., 14-cv-00095, in the US District Court, Northern District of California (San Francisco).
California Labor Law Needs Compassionate Code
Shawn, 49 years old and married with an eight-year-old son, was a truck mechanic at one of the biggest freight companies in the US. He routinely had his shifts changed, one week starting at 4 p.m., another week at 1 a.m. “All those years it never affected me until recently, maybe because I am getting older,” says Shawn. “We always partnered on shifts, but on one shift change I was working the night shift alone in this huge facility with nobody there, not even security. I got anxious to say the least. One night it was so bad I left early and went to ER. I had no idea what was going on until they ran blood tests, and it cost me $1,500.”
The ER doctor told Shawn that he was having an anxiety attack. Shawn had more tests and his family doctor advised him to change the shift work and not work alone or it would kill him. He was prescribed medication for anxiety and he wasn’t sleeping well either - a common occurrence with shift work. But this was definitely a wake-up call: two of Shawn’s co-workers had suffered heart attacks and one guy had a heart attack on the job and died - he was working alone. One night, Shawn’s anxiety got so bad that he had to go home.
“I told the guy I was working with that I had to sit in my car but I hadn’t clocked out,” Shawn explains. “I fully intended to clock out but I felt so lousy I had to sit down for a minute; I was afraid that I might trip or fall; I was an accident waiting to happen.
Shawn’s manager found him sitting in his car. “I explained that I felt bad and had to go home but he placed me on suspension and I was terminated a week later - September 4,” Shawn says.
Shawn tried to fight their decision - by himself. The company has a so-called “best practices code,” which is supposedly a way for an employee to fight the reason of their termination. “First, I had a conference call with my manager and his manager and then they called and fired me a week later,” he says. “I appealed within the company (you get three chances to appeal so this was my second time) and it went up the management ladder, this time including some people from HR. They shot me down again. I said I wanted to appeal again and this time it would be via mail, no calls. They came back with the same decision.”
Next up, Shawn filed for unemployment - something he had never done before. He received a few checks and was looking for work. Then, without notice, the checks stopped. He e-mailed the California Unemployment Development Department and they replied that his former employer was denying his unemployment benefits. They also told Shawn that he would get a letter with a court date to appeal that decision. Shawn was shocked - he had no idea of how the process worked.
“I went to court with my wife and son. My boss didn’t even show up with the excuse that it was too far to come - 50 miles. I drove 30 miles,” says Shawn. “But he was on the conference call and the judge was asking us both questions. The judge said he would take everything into consideration and send the results via mail. But it didn’t take long: he made a decision the next day, in my favor.
The judge said that if I had clocked out before I sat in my car this would never have happened. But it was a one-time occurrence. I believe that I have been wrongfully terminated: this incident spiraled out of control because I was working alone and had to endure so many shift changes.”
Adding to his problems, Shawn is now suffering from depression. He is worried that getting fired will tarnish his perfect work history of 25-plus years. “I was told that the company cannot disparage me in any way,” he says. “Apparently, they aren’t allowed to say that I was fired. However, I want to apply for a job with the city and one question they ask is whether you have ever been fired. I have to be honest so I didn’t continue the application. I am hopeful that an employment attorney can advise me. And it’s not over yet - I have to wait 20 more days to find out if I will be able to continue collecting unemployment because the company can appeal the judge’s decision!”
To be continued after 20 days. And at that time the company will be revealed…
How Many F-Bombs Are Grounds for California Labor Lawsuit?
Kimberly realizes that verbal abuse may not be reason enough to file a California wrongful termination lawsuit, but she is thankful for the opportunity to speak out about her former managers at Staples. They dropped the f-bomb and even the c-word on her too many times.
Clearly, Kimberly was a valuable employee at this particular Staples store: she was hired in May 2011 as a cashier and became full-time inventory lead for the entire store within a few months. As well, she started at $8.75 per hour, then got a raise to $9.25, and a few months before she was fired, Kimberly was given another raise to $10 per hour.
“I ran the store without a GM for several months so I had a really good track record and I did extra work with no pay increase; you do it for the team,” she says. And she often worked 6 p.m. until 2 a.m. shifts doing inventory without overtime compensation.
“We were often behind on a load - 10 pallets a week would get delivered and it was my sole responsibility to get products onto the shelves,” says Kimberly, “and I never took breaks or lunches from August last year until I was terminated. They would make me come in weekends for so-called one-hour meetings and I wouldn’t get paid. That happened about 20 times. Of course I asked my supervisor for overtime pay but I was told it was store policy - Staples doesn’t pay overtime.”
But overtime is just one complaint. Kimberly tolerated extreme verbal abuse from a new supervisor for several months before she was wrongfully terminated.
“This new supervisor had it in for me since Day One,” Kimberly explains. “She didn’t like me because I didn’t want to train her - she should have known her duties. ‘I have no problem working with you but I am not doing your job,’ I said. Her response was abusive: She called me a bitch and the C-word. All sorts of people heard her drop the C bomb. But almost all employees are scared to complain or speak out against anything or anyone for fear of losing their job.
“Next up, she hired her friend as part-time supervisor, which is still above me. Then she wrote me up. I was in the management trainee program but she removed me in May, about a month after she was hired. In response to my write-up, my General Manager showed up and said, ‘If I didn’t like your f**king ass or have respect for you, I would fire your ass right now.’ They talk like this to anyone who makes them the least bit angry. By the way, I had only met the GM three times.
“And I’m not the only one singled out and getting abused. My former co-worker Don [not his real name] still works for Staples. Our GM brought his daughter, age 13, to the store every Sunday afternoon and told Don to keep an eye on her. It stopped him from completing his work and affected me too because he was my right-hand person. So he complained to HR. ‘When you have a f**king problem come to me next time instead of squealing to HR because now I have a f**king problem and next time I am gonna make it worse for you guys,’ the GM told Don. We dealt with threats daily.”
Last May, Kimberly received another negative write-up - she wasn’t far from termination. She went to HR with harassment and verbal abuse complaints but HR said she had to talk to the GM first - then he would instruct HR!
“My GM told me to talk to the part-time super and either negotiate terms and kiss her ass and make her happy or I would lose my f**king job,” says Kimberly. “I had no choice. I went into her office and right away she was on the defensive so it didn’t go well. I explained that my job is to take care of the store and make it run properly and not socialize with her when I am helping customers.”
Three days later at 7:30 a.m. Kimberly was fired. And she didn’t get paid for that day: she was entitled to four hours pay because she was scheduled to work. Kimberly says this is how it went down:
“Firing your ass sucks for me too because now I don’t have anyone to help me run the store,” the GM said.
“So why are you letting me go?”
“If you just kissed her ass, you could have kept your job,” he replied.
“The way they treat people is horrible,” says Kimberly. “I just hope this doesn’t happen to anyone else. I filed for unemployment but I am pretty sure Staples is going to try to deny me by saying it was my fault due to job performance. But I have an audio recording from my previous GM saying I was a great worker. I know that it isn’t right to record anyone but I told him beforehand and he said, ‘Just do what you have to do.’ I was just scared for my job. Maybe that audio recording will come in handy one day…”
California Wrongful Termination So Wrong
Robert (not his real name) worked for three years as a service technician for a car dealership. He was paid a flat rate, something like commission. He teamed up with another technician and they had the highest hours of production. “If we did the job in 30 minutes we would still get paid for an hour’s work,” Robert explains. “We worked really well together and we were efficient.”
So efficient were they that the boss thought it was physically impossible to complete the allocated work on a vehicle in that amount of time. “We completed one job on Monday, handed over the paperwork and left after finishing our shift,” he says. “On Tuesday we worked only half a day and the manager called us into the office before we left. He told us there was no way we could have finished the job. But the customer didn’t complain; in fact, I never had a customer complain that we didn’t finish the job, ever.
“We worked a full day Wednesday stewing over whether we would get fired or not. By Thursday they brought us into the office. They gave us our final checks but made us sign the pink slip first - it stated that we were terminated for falsification of documents and flagging hours on repair orders and charging customers on work not performed.”
In other words, they were accused of stealing - up-selling to a customer and not completing the job. “For example, a vehicle would need an oil change. We were responsible for checking the vehicle and giving our report to the service manager, who would in turn talk to the customer and sell the work based on our recommendations. Perhaps the car needed a power steering flush or it was due for transmission service. But this service manager decided that we couldn’t do this up-sell in such a short period of time. He basically screwed us.”
Sounds like the dark ages: guilty until proven innocent. The dealership didn’t have any evidence to back up the accusation: It didn’t have a video camera and not one customer complaint. Robert doesn’t even think they checked the vehicle in question after they left work on Monday. “Unless you take a scope and check the fuel injectors there is no way of telling whether the work was done and I know they didn’t do that,” he says.
Robert can only surmise that they were fired because the guy he worked with was written up more than a few times over the years. “For instance, he almost got into a fistfight with the service advisor - the guy who I believe instigated our wrongful termination,” says Robert. “They both got written up for misconduct but I had never been written up. Instead I got a $3 per hour raise just a few months ago so I was making $19 per hour.
“And just a week before I was fired, the service manager told me how he appreciated all the hard work I do, ‘busting my ass.’ But when we were reprimanded, he treated us like jerks. He is the epitome of company man. He wasn’t around when we worked 6-day shifts; when we came into work on our days off to finish jobs. He had no idea how much I bled for this place.”
After he was wrongfully terminated, Robert was concerned about whether he would qualify for unemployment benefits so he called the manager, who said he could just appeal it. Robert was fired seven weeks ago and still doesn’t know if he can collect. And he hasn’t found another job.
“I have applied for work at numerous places but when a potential employer phones my former employer and finds out I was terminated, guess what - they aren’t going to hire me. I worked seven years in the automotive industry and I get shafted. I am only 30 years old and the only job experience I have is in this business. I have $2 in my bank account and my credit cards are maxed out. I’m not sure if an attorney can help so maybe it’s time I have a career change.”
Kaiser Faces Retaliation Lawsuit
According to the lawsuit (case number CIVDS1311690), the two plaintiffs were employed by Kaiser at the Kaiser Permanente Fontana Medical Center in their Environment Services (housekeeping) department, and when the department was outsourced to Xanitos in August 2010, began taking direction from both Kaiser and Xanitos.
The first plaintiff, Leah Wilbur, began working for Kaiser in 1999, and in 2011, reported injuries sustained as a result of using poorly designed carts that were brought into use by Xanitos. After filing a workers’ compensation claim and speaking with other employees about her injury, Wilbur was allegedly approached by a manger and warned to never speak of her injuries to anyone. Furthermore, when meetings were held to improve working conditions at the Kaiser facility where Wilbur was employed, complaints brought to the meeting were allegedly ignored by managers.
The lawsuit also notes an incident in which sewage flooded a basement in the medical center. Wilbur alleges she and other employees were told to clean up the spill - which included “raw sewage and other bodily fluids” - with blankets and other available material, but with no protective gear. Wilbur complained and a hazardous material cleaning company was brought in to finish the cleanup. On June 13, 2013, Wilbur allegedly brought up issues about having safety gear such as gloves and goggles on site for such occurrences. On June 14, 2012, Wilbur was placed on suspension and then fired on June 22, 2012.
The second plaintiff, Sandra Purnell, began working for Kaiser in 1996. She also reportedly complained to management about poorly designed carts. In 2011, she filed a workers’ compensation claim due to injuries resulting from using the cart, but was not allowed accommodations so that she could use a smaller cart. She complained about rooms not being properly cleaned because employees were not allowed to use proper tools to clean the walls. Purnell also alleges she was written up for absences that had already been excused. Finally, she alleges that she complained repeatedly about actions on the part of co-workers and management that resulted in employees being exposed to hazardous working conditions.
The lawsuit alleges Kaiser and Xanitos discriminated against Wilbur and Purnell because they were disabled employees who were qualified to perform their duties but were subject to “adverse employment action by Kaiser and Xanitos, including failure to provide reasonable accommodations for their disability.” It also alleges retaliation for engaging in an activity that is protected under California’s Fair Employment and Housing Act. Finally, the lawsuit alleges wrongful termination.
Cupcakes with Termination Tasteless
Maryann, a paralegal, was given less than 24 hours termination notice. “I was called into the conference room just before 5 p.m.,” says Maryann. “First of all, my boss explained that my position was being eliminated due to financial difficulties and then he asked if I wanted a cupcake to celebrate a new change and transition.”
She didn’t quite have the appetite for a cupcake - chalk it up to bad timing and bad taste - her employer usually brought cupcakes to celebrate an employee’s birthday.
“I was the operations manager for a small immigration law firm that comprised 15 or so staff,” says Maryann. “My title was operations manager so I wore many hats for the attorneys, from handling HR to working with the tech guy. I couldn’t see how they could manage without someone working in this capacity. ‘Who is going to do my job?’ I asked the boss when he gave me the news that I was fired. ‘We’d like you to help us figure it out,’ he replied. ‘And when would you like me to do that?’ I asked.
“He wanted me to help him out the very next day. I was in a state of shock. The controller of the firm had recently left without notice so I was also doing some of her duties, including payroll.
“He could tell this news wasn’t sitting well with me. ‘Would you like to have an exit interview?’ he asked, and then had the nerve to ask what I liked about working here and what could they do better next time around. This really floored me: did he want me to help find a replacement?”
Maryann went to work the next day to ensure that she would be paid for vacation and sick leave. After all, there was no one else in charge of payroll. And she had the “exit interview” that more or less consisted of describing her job description.
“I knew the point of this interview was so that someone taking my place would be prepared, and that my employer would be better equipped to pick up the pieces,” she explains. “Then I simply left. I didn’t get paid for doing the payroll that day, nor did I get my last paycheck, which is another violation of the California labor code. In fact, I didn’t get my paycheck until two weeks later.
“There was more to being terminated than their excuse of financial difficulties. My boss told me that I wasn’t a good manager because I treated people like adults. ‘If you treat people like children they will act like children,’ I replied. (The firm consisted of three middle-aged lawyers and the rest of the employees were in their early 20s.) I took unpaid personal time when my father died and I think that is another reason why I was fired.”
Maryann asked her boss if she was getting severance pay - she thought one month’s salary would be fair for both employee and employer. He hadn’t thought about that. She followed up a week later via e-mail. He replied that the company was “broke” so she wouldn’t be receiving any severance pay.
“I had asked for a month but figured I would get two weeks’ pay; I had worked here for two years,” Maryann says. “I wasn’t expecting nothing - it was like a slap in the face. I believe they have money but I should focus on moving forward and not deal with a crappy past.”
Maryann is now collecting unemployment but she expects to be employed before it runs out. Adding insult to injury, she recently got a call from the accounting coordinator, asking Maryann if she could walk her through the payroll process - with no mention of compensation. “I helped her because it was important to me that people got paid,” she says.
“Before I got my first unemployment check, I consulted with two attorney friends: they recommended that I contact LawyersandSettlements because I wasn’t sure if I had a leg to stand on or not regarding wrongful termination. Then I found out that California is an at-will state. If I didn’t qualify for unemployment, I would definitely have filed a California labor lawsuit, but in the end, I am glad to be gone from that toxic environment with their cupcakes and moving on…”
(In 1978, Dan White gunned down mayor George Moscone and supervisor Harvey Milk. White’s defense team argued that consuming Twinkies had diminished his mental capacity and therefore White was not capable of premeditation required to be charged with first degree murder: he got off with voluntary manslaughter.)
When Does Drug Testing Violate the California Labor Law?
California labor employment law allows an employer to test a prospective employee after a job offer is tendered but before the employee goes on the payroll. But how long after an employee is hired, can they legally be fired?
Colin (not his real name) thinks his employer is using the drug test to legitimize Colin’s termination. Otherwise, Colin could have grounds for a California wrongful termination. According to the drug test, Colin admits that he shouldn’t have been hired in the first place.
“I did a prescreening drug test prior to getting hired,” Colin says. “Initially, I turned down the position but the president called and asked me to join so we negotiated a salary and I accepted. I am a computer technician and understood my job would be IT work, but from the first day, I realized my job was not at all technical. I had to work on a phone- exchange system and I was quite miserable; the president had pulled the wool over my eyes but I showed up for work each day and delivered.
“Two months later, my supervisor said the drug screening test came back positive for pot and had to let me go. I didn’t get to say anything. It was quite easy for me to walk away but at the same time I felt burned. I was head-hunted by this company: it had pulled me from another job; I hadn’t entertained any other prospects.”
Colin was given his last paycheck, in accordance with California employee labor law. Then he went home and re-read the drug consent form. “It said that I have accepted employment and can be tested at their facility or clinic by submitting a urine sample. Declining will mean they will rescind their offer. I signed the form.
“The form goes on to say that I would be notified of the results. But I wasn’t given the opportunity to explain anything or the opportunity to retest. Even if I failed the test, they were supposed to (1) ask me why I failed and (2) give me the opportunity to retest the same day at the company clinic. I was not offered that and I never saw the test results.”
Colin, age 42, and African-American, believes they are using the positive drug test as a smoke screen because the real reason for his termination might mean that he has a legitimate wrongful termination claim.
“I was blindsided - I have never been fired in my life,” Colin adds. “I was a good worker and got along well with everyone, but when I was fired at their corporate office, I got the cold shoulder from everyone
“As well, I am legally able to buy medical marijuana. I was in a car accident and I take marijuana tablets. I hadn’t had any pot at least a week or more before this test but it could have been positive.”
According to the Americans with Disabilities Act (ADA), an applicant or employee who is taking medication for a disability is protected, so if an applicant’s drug test is positive and turned down, and the medication was legally prescribed for a disability, the company could be liable - unless the medication is medical marijuana. But in the state of California, the jury is still out when it comes to pot.
California’s “compassionate use” law allows residents to use marijuana for medical purposes, as long as they have a doctor’s written authorization to use marijuana. A patient who has a valid prescription may not be prosecuted under state law for crimes relating to the use, possession or cultivation of a certain amount of marijuana. But this is the gray area: California’s Supreme Court has held that an employer may refuse to hire an applicant who tests positive for marijuana, even if the drug is legally prescribed for a disability.
In Colin’s case, because he was given a drug test and unfairly suspended or demoted because of it, his labor law attorney might argue that the testers did not meet with the strict requirements for form and procedure set out in the California labor code.
“I was fired last month and still dumbfounded,” Colin says. “I was so shocked that I didn’t even think about asking my employer about the test results. The only thing I can think of is ‘at will.’ As an employer, you can wake up one day and decide you don’t like someone and fire him.”
A California man was fired after testing positive for marijuana, despite the fact that he had a prescription for the drug. The man filed a wrongful termination claim against the company, but the California Court ruled that the company was justified in firing him because it is against federal law to possess or use marijuana despite state rules allowing him to do so. An appeals court upheld the ruling. The man’s case is now before the California Supreme Court.
California Labor Law Spells Pregnancy Termination a Wrongful Termination
When she was five months pregnant, Rovanda’s doctor ordered an ultrasound and found out she had dilated: she required stitches in her cervix to hold the baby and carry it to term. It was imperative that she have this surgical procedure and four or five days off work. But even before this, HR tried to let her go.
“When I first told my supervisor that I was pregnant, the lady at HR told me that she was going to have to lay me off,” says Rovanda, who knew she wasn’t allowed to do that; she knows that is discrimination and a violation of California labor law. And HR must have known it too. Incredibly, Rovanda says she is not the only one. “Anybody who works here and gets pregnant is laid off but in reality they are getting terminated,” she says.
“When I was able to go back to work, the lady at HR said, ‘Don’t work tomorrow, we will call you back.’ No call back. I phoned a few days later and they told me to apply for unemployment, they had already sent my last check electronically. A guy came to my house who said he was just taking my place until I returned to work. He took the company vehicle and petty cash, about a week after I had the surgery.
“I was ‘laid off’ last October 2012. HR said I could only return to work part-time after the baby was born but I never came back to work. I was a hard worker with only one write-up and right after that got a promotion, so the only reason I can think of for terminating me was because my position meant I had to be on call for emergencies first and second shifts - when you clean in the evening. They figured I couldn’t do it with a baby.
“I kept in touch with them while I was pregnant and I planned to go back to work six weeks after my daughter was born. I had family and a babysitter all set up to look after her.
“The GM said they weren’t going to hire me back at all because my job was made redundant but they had a position advertised in the local newspaper for a supervisor - my job. I never pushed the issue until I saw that ad.
“When I told my manager that I was going to call a labor lawyer to determine whether this is right or wrong, he just said, ‘Do what you’ve got to do.’ I know they are in the wrong; I put my trust in them, I thought they would secure my job.”
Rovanda is a single mom - her daughter is now six months old. She is still collecting unemployment insurance and looking for work, but her unemployment runs out this October, which is cause for concern. She has also filed a wrongful termination claim, alleging discrimination.
About . TOS . Privacy . Disclaimer . Contact . Advertise . Member Login
This work is licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License ©2026 Online Legal Media. All rights reserved.
Visit other Online Legal Media Websites:
