There are three moments in a worker’s life that should be times of peace — pregnancy, caring for a sick family member, and recovering from your own medical condition. In California, the law is designed precisely to protect you in those moments. And yet these are also the moments when employers most frequently commit illegal terminations. If you were terminated under any of these circumstances, there is a very strong likelihood that termination was illegal.
My name is Arlo Uriarte, employment attorney at Liberation Law Group. Call 1-888-442-2642 or request your free consultation here. 24/7 in English and Spanish.
Termination for Pregnancy: Completely Illegal in California
If you announced your pregnancy and were terminated shortly afterward — or if you were terminated while on maternity leave, or when you returned from it — there is a very strong legal presumption that the termination was discriminatory. California’s FEHA prohibits any adverse employment action based on pregnancy, childbirth, or related medical conditions.
The employer may try to justify the termination with seemingly neutral reasons — “position elimination,” “restructuring,” “poor performance.” But if the termination occurred right after the pregnancy announcement or during the leave, those justifications frequently do not hold up before a judge or jury.
We have represented workers terminated for pregnancy in Napa Valley restaurants, in private homes in Marin County, in tech companies in San Mateo County, and in businesses in San Francisco’s Mission District. The Rancho Gordo case — where a jury awarded $252,000 to a pregnant worker who was terminated — is an example of what can result when you take action. Read about that pregnancy discrimination case in Napa. Learn about your general rights regarding pregnancy discrimination in California.
Termination for Taking Family or Medical Leave
The California Family Rights Act (CFRA) protects employees who need to take leave to: care for a family member with a serious medical condition (parent, spouse, child, in-laws), recover from their own serious medical condition, welcome a newborn or adopted child, or care for a military family member.
If you took CFRA leave — or if you requested it — and your employer terminated you, demoted you, or reduced your hours as a result, that is illegal retaliation. The CFRA specifically prohibits employers from taking any negative action against an employee for exercising their rights under the law.
The same applies to the federal Family and Medical Leave Act (FMLA). In many cases, both laws — state and federal — apply simultaneously, giving the worker additional layered protections.
Were you terminated during or after pregnancy, family, or medical leave?
Attorney Arlo Uriarte can evaluate whether it was illegal — free, in Spanish. 1-888-442-2642 — free consultation here — 24/7.
Termination for a Medical Condition or Disability
California’s FEHA also prohibits termination based on a medical condition or disability. This includes: chronic medical conditions such as diabetes, cancer, or heart disease; physical or mental disabilities; conditions related to workplace injuries; and conditions that require reasonable accommodations at work.
Before terminating an employee with a medical condition or disability, the employer has an obligation to explore reasonable accommodations that would allow them to continue working. If the employer did not engage in that process — or did so in bad faith — the termination may be illegal.
Reasonable accommodations can include schedule changes, remote work, specialized equipment, or reassignment to a different position. If you requested a reasonable accommodation and were terminated instead of having it explored, you have grounds for a lawsuit. Read about disability discrimination in California.
Constructive Dismissal: When They Force You to Resign
Sometimes employers do not formally terminate workers — they make their lives so unbearable that they are forced to resign. This is called constructive dismissal, and California treats it legally as a termination. If your employer created intolerable working conditions — drastic reduction in responsibilities, impossible shift changes, systematic humiliation, or denial of necessary medical accommodations — specifically to push you out without a formal termination, you have grounds for a constructive dismissal claim.
Constructive dismissal is especially common in pregnancy cases, where the employer tries to “facilitate” the exit of a pregnant employee without the risk of a formal termination. If you feel you are being pushed to resign, consult with an attorney before doing so. Learn more about wrongful termination in California.
What to Document If You Believe You Are Going to Be Terminated
If you announced your pregnancy, requested leave, or disclosed a medical condition, start documenting now. Save all emails and messages related to your leave. Write down any changes in how you are treated, your responsibilities, or your working conditions. If supervisors make negative comments about your pregnancy or medical condition, record them with the exact date. And if you are terminated, do not sign anything without an attorney reviewing it first.
We represent workers throughout the region: Oakland, San Jose, Santa Rosa, Vallejo, and the entire Bay Area.
Were you wrongfully terminated? Do not wait for the deadlines to expire.
Call 1-888-442-2642 to speak with attorney Arlo Uriarte. Free evaluation in Spanish — 24/7.
Frequently Asked Questions — Wrongful Termination for Pregnancy, Family, and Health
How long do I have to sue if I was terminated for pregnancy?
In California you have 3 years from the termination to file a lawsuit under FEHA. For the federal FMLA, the deadline is 2 years (3 years if the violation was intentional). Act quickly — evidence is fresher, witnesses remember more clearly, and you preserve all your legal options. If the termination occurred less than 3 years ago, you can still take action. Call 1-888-442-2642 for a free evaluation.
Can my employer claim they terminated me for poor performance when it was really because of my pregnancy?
Yes, employers frequently use pretextual reasons — but California courts and juries are experienced at identifying when those reasons do not hold up. If your performance reviews were positive before the pregnancy and suddenly worsened right after the announcement, that is evidence of discrimination. If you received no prior performance warnings and the termination was abrupt, that is also evidence. An attorney can build the case by demonstrating the discriminatory pattern. Call 1-888-442-2642.
How long must my employer hold my position during CFRA leave?
Under the CFRA, the employer must restore you to the same position or a comparable position at the same level, pay, and benefits when you return from leave. The position must be held for the duration of the leave. If upon returning you are given a lesser position with fewer responsibilities or lower pay, that is a CFRA violation. If you are told your position was “eliminated” during leave, you need to speak with an attorney — in many cases this is a violation of the law. Call 1-888-442-2642.
Can I sue if I was terminated while on medical leave?
Yes — and the fact that the termination occurred precisely during your medical leave is significant evidence that it was discriminatory. The employer can attempt to show the termination was for legitimate reasons completely independent of the leave — but that burden of proof is high when the timing of the termination coincides with the leave. If you were terminated while on protected medical leave, call 1-888-442-2642 immediately.
How much could a wrongful termination case for pregnancy or medical condition be worth?
In California, compensation can include: lost wages from the date of termination through resolution of the case (back pay), future wages if you have not found equivalent work (front pay), emotional distress damages for stress during pregnancy or the medical condition, punitive damages in cases of malicious conduct, and attorney’s fees paid by the employer. In similar cases involving terminations during pregnancy, we have seen recoveries from tens of thousands to over $200,000 depending on salary and circumstances. The Rancho Gordo case resulted in $252,000. Call 1-888-442-2642.
Am I entitled to medical leave from my first day of work?
Not necessarily. The federal CFRA requires that you have worked at least 12 months and 1,250 hours in the past 12 months, and that your employer has 50 or more employees. California’s state version has similar thresholds. However, California’s Pregnancy Disability Leave (PDL) applies to employers with 5 or more employees from the start of employment. And many medical conditions may justify reasonable accommodations even before you qualify for CFRA leave. Call 1-888-442-2642 to evaluate your specific situation.
What if I have an arbitration agreement and was terminated for pregnancy?
It depends on whether the arbitration agreement is valid and whether the termination involves sexual harassment. For discriminatory terminations based on pregnancy or medical condition, arbitration may apply — but many arbitration agreements are invalid under California law. An attorney can review your specific agreement and determine whether it is valid, whether there are invalid clauses, or whether a PAGA action is an available alternative. Do not assume arbitration blocks all your options. Call 1-888-442-2642.
Does Liberation Law Group handle wrongful termination cases throughout the region?
Yes. We represent workers in San Francisco, Oakland, San Jose, Sonoma County, Marin County, Napa County, and throughout the region. Call 1-888-442-2642 — available 24/7 in English and Spanish.
Your Job Is Yours — No One Should Take It Illegally
Pregnancy, illness, and caring for your family should not cost you your career. California law says it does not have to. Call 1-888-442-2642 or complete our free form. Attorney Arlo Uriarte is ready — in English or Spanish, at no cost, 24/7.
Liberation Law Group — Employment Attorneys for Workers, 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
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