When you are expecting a child, your focus should be on your health and your growing family, not on anxieties about your job security. Unfortunately, the question of job protection during maternity leave in California is a serious concern for many expecting and new parents.
The employment law attorneys at Betts Law Group understand the challenges individuals face when their workplace rights are violated. Our dedicated team is committed to ensuring that your rights as an employee in California, particularly during crucial life stages like maternity leave, are protected. If you are facing uncertainty about your job while on or preparing for maternity leave in California, we can help you understand your rights as a new parent to give you peace of mind and a plan of action.
Understanding Protected Leave in California
California law provides significant job protection for employees taking maternity leave. There are several pieces of legislation aimed at protecting your employment during this time:
The California Family Rights Act (CFRA): This act allows eligible employees in California to take up to 12 weeks of unpaid, job-protected leave for family and medical reasons, including the birth and care of a new child. To be eligible for CFRA leave, you generally must have worked for your employer for at least 12 months, have worked at least 1,250 hours in the 12 months before the leave begins, and work at a worksite with at least 50 employees within a 75-mile radius.
The Pregnancy Disability Leave (PDL) Law: This California law provides eligible employees with up to four months (actual duration depends on medical necessity) of leave for pregnancy, childbirth, or related medical conditions. PDL is separate from CFRA leave, meaning an employee could potentially be eligible for leave under both acts. PDL applies to employers with five or more employees in California.
The Family and Medical Leave Act (FMLA): This federal law also provides eligible employees with up to 12 weeks of unpaid, job-protected leave for the birth and care of a new child. Eligibility requirements are similar to CFRA. In California, CFRA often runs concurrently with FMLA, but PDL runs separately.
These laws generally require your employer to reinstate you to the same or a comparable position with the same pay, benefits, and other terms and conditions of employment when you return from protected maternity leave in California.
Indicators of Potential Wrongful Termination in California
Several circumstances surrounding a termination during maternity leave in California should raise red flags and warrant a thorough review of your rights:
Timing of the Termination: If you were informed of the termination shortly before your leave began or while you were on leave, it is possible that you may have been wrongfully terminated.
Replacement During Leave: If your employer hired a permanent replacement for your position while you were on protected maternity leave, and indicated you would not be reinstated to your previous role. While temporary replacements are often necessary, a permanent replacement can be a sign of intent to terminate.
Negative Comments or Actions: Any negative comments or actions by your employer related to your pregnancy or maternity leave can be evidence of discrimination.
Disparate Treatment: If other employees who took similar types of leave were treated differently, this could be a sign of discrimination.
If any of these red flags are present in your situation in California, it is important to seek legal counsel immediately. An attorney experienced in wrongful termination cases in California can investigate the circumstances surrounding your termination and advise you on your legal options.
The Importance of Documenting Potential Wrongful Termination in California
If you are concerned about job security during your maternity leave in California, or if you have been terminated before or during your protected leave, it is important to document everything related to your employment and the termination. Some steps you can take:
Keep Records: Gather all relevant documents, including your employment contract, performance reviews, emails, text messages, and any other communication with your employer regarding your leave and termination.
Note Dates and Details: Keep a detailed record of dates, times, and specific details of any conversations or incidents related to your leave or termination.
Obtain Witness Information: If there were any witnesses to relevant conversations or events, note their names and contact information if possible.
This documentation can be critical evidence in building a potential wrongful termination case in California. Sharing this information with a wrongful termination attorney will allow them to assess the strength of your case and advise you on the best plan moving forward.
Contact Us For a Consultation
Facing termination while on maternity leave can be an incredibly stressful experience. Contact Betts Law Group today for a confidential consultation to discuss your situation and learn how we can help ensure that your rights as a new parent in California are fully protected.
The ability to vote is a key part of what makes our democracy work. In much of the United States, discussions around election integrity and voter eligibility are ongoing. The 2025 Safeguard American Voter Eligibility (SAVE) Act, while mainly focused on ensuring the accuracy of voter registration, has concerning implications regarding the rights of all eligible voters, particularly women.
The SAVE Act would require voters to show proof of U.S. citizenship (like a passport or birth certificate) in person when registering to vote or updating their voter registration. An estimated 69 million women and 4 million men in the United States do not have a birth certificate that matches their current legal name, leaving their voting status hanging in the balance.
At Betts Law Group, we understand that the fight for equality and the protection of individual rights are interconnected. Our team has extensive experience supporting individuals in California who have faced violations of their rights, including sexual assault, sexual harassment, and wrongful termination. This has made us acutely aware of how policies that may seem neutral (like the SAVE Act) can disproportionately affect the most vulnerable populations.
What Exactly is the SAVE Act?
In a general sense, the SAVE Act aims to ensure that only eligible citizens are registered to vote and that voter registries are accurate and up-to-date to prevent voter fraud. Sometimes this can include verifying voter registration information, removing ineligible voters if they are deceased or moved out of state, and creating safeguards against double voting.
The SAVE Act’s mandate for in-person proof of U.S. citizenship during voter registration could disproportionately impact women and minorities across the United States. This situation leaves their voting status uncertain and risks silencing a significant portion of U.S. women.
How the SAVE Act Could Disadvantage Women in California
Certain conditions often associated with the SAVE Act, such as stricter voter ID requirements or more frequent and aggressive voter roll purges, could negatively affect women in California and the United States. Here’s why:
Access to Identification: Women, particularly those from marginalized communities, may face greater challenges in obtaining or updating required forms of identification because of factors like socioeconomic status, name changes after marriage or divorce, or limited access to transportation and government services in California.
Caregiving Responsibilities: Women often bear a larger share of caregiving responsibilities, which can make it more difficult to navigate voter registration processes or have necessary documents properly updated.
Disinformation and Obstruction: Politically motivated implementation of the SAVE Act could lead to targeted disinformation campaigns or obstructive practices that discourage or prevent women from voting.
If the SAVE Act creates unnecessary hurdles that impact women’s ability to register and vote, it could effectively silence their voices and reduce their representation in the democratic process.
The Name Discrepancy Challenge for Married Women in California
After marriage, most women in America opt to change their legal names to adopt their spouse’s surname or take a hyphenated version. However, this process can not only be tedious and time consuming, but cause their names to be different on drivers’ licenses, social security cards, and birth certificates. Name changes have to be initiated through a number of agencies in order to have the change properly documented.
Additionally, some women retain their maiden names, while others may do a combination of both, leading to a potential patchwork of names across different forms of identification, voter registration records, and other official documents.
This common experience among women could create significant hurdles under stricter voter verification measures associated with the SAVE Act:
Mismatched Voter Registrations: If a woman registered to vote using her married name but her driver’s license or other identification still includes her maiden name (or vice versa), this discrepancy could trigger issues at the polls. Poll workers can flag these mismatches under the SAVE Act, leading to provisional ballots or even denial of the right to vote if the discrepancy can’t be resolved right away.
Challenges with Documentary Proof: Obtaining updated identification reflecting a name change can be a time-consuming and bureaucratic process. Women with busy schedules, caregiving responsibilities, or limited access to transportation might find it difficult to get these documents updated quickly, especially if they are unaware of potential issues until close to an election.
Inconsistent Record Keeping: Errors or inconsistencies in government databases and record-keeping systems make these issues even more difficult. A woman’s voter registration might be accurately updated, but inconsistencies in other state databases used for verification could still lead to problems at the polls.
For married women in California and across the United States, the simple act of exercising their fundamental right to vote could become unnecessarily complicated and potentially denied due to these common name-related issues created by the processes of the SAVE Act.
Losing your job is already a stressful experience, but what happens when you suspect your termination wasn’t based on legitimate business reasons or your performance? In California, employees have significant protections against wrongful termination, and understanding your rights is the first step in potentially seeking justice.
The wrongful termination attorneys at Betts Law Group have a deep understanding of California’s complex employment laws. We’ve helped numerous individuals navigate challenging situations involving unfair job loss and are committed to advocating for employee rights. If you believe you’ve been wrongfully terminated, knowing how to build a strong case is essential, and we can provide the guidance you need to understand your options.
What Exactly is Wrongful Termination in California?
Losing your job can be a stressful experience, especially if you think you may have been terminated in an unfair manner. It’s important to know that California law offers some crucial safeguards for employees in these situations. Your employer can’t simply let you go for reasons that are unfair or illegal. This means you shouldn’t be dismissed for reasons such as:
Discrimination: It’s wrong and against the law to lose your job because of who you are. This includes things like your race, religion, gender, sexual orientation, disability, age, or where you or your family originated.
Retaliation: It takes courage to speak up or exercise your rights at work, and the law protects you for doing so. You shouldn’t face job loss for things like reporting illegal activities you’ve witnessed (whistleblowing), filing a workers’ compensation claim if you’re injured on the job, taking legally protected leave to care for yourself or family, or for raising concerns about harassment or discrimination.
Breach of Contract: If you have a formal agreement with your employer that outlines the specific conditions under which your employment can end, they are obligated to honor that agreement. Losing your job outside of those agreed-upon terms can add significant stress to an already difficult situation.
It’s important to understand that California is generally an “at-will” employment state. This means that, in the absence of a contract, an employer can typically terminate an employee for any reason (or even no reason at all) as long as it’s not an illegal reason. This is where proving wrongful termination becomes critical – demonstrating that the real reason for your termination was unlawful.
Gathering Crucial Evidence to Support Your Wrongful Termination Claim in California
Building a strong case for wrongful termination in California requires meticulous documentation and evidence gathering. The more proof you have, the stronger your position will be. Here are key types of evidence to consider:
Your Employment Records: This includes your offer letter, employment contract (if you have one), performance reviews (both positive and negative), disciplinary actions, employee handbooks, and any other written communication from your employer. Pay close attention to any inconsistencies or sudden negative feedback that arose shortly before your termination.
Internal Communications: Save all relevant emails, text messages, memos, and voicemails. These communications can provide valuable context and potentially reveal discriminatory intent, retaliatory motives, or breaches of contract. For instance, emails containing discriminatory jokes or negative comments related to your protected characteristics could be significant.
Witness Testimony: Identify any colleagues who may have witnessed events relevant to your termination. This could include colleagues who heard discriminatory remarks, were aware of your protected activity (like reporting harassment), or can corroborate inconsistencies in your employer’s stated reasons for termination.
Documentation of Protected Activity: If your termination followed engaging in protected activity, gather any documentation related to that activity. For example, if you reported harassment, keep copies of your complaint and any related correspondence. If you filed a workers’ compensation claim, retain those records.
Evidence of Inconsistent Treatment: If you believe you were treated differently than other similarly situated employees who do not share your protected characteristics or did not engage in the same protected activity, gather evidence of this disparity. This could include observing how other employees were handled for similar performance issues or policy violations.
The Termination Itself: Document the exact circumstances of your termination. Who informed you? What reasons were given? Were there any inconsistencies in the explanation provided? Note the date, time, and location of the termination meeting.
Contact Betts Law Group Today
If you believe you have been wrongfully terminated in California, don’t wait to seek legal guidance. Contact Betts Law Group today for a confidential consultation. We serve clients throughout California and are here to help you understand your rights and explore your options for seeking justice.
Facing workplace discrimination or wrongful termination can be scary as the power dynamics at play often leave employees feeling vulnerable and isolated, unsure of where to turn for support. The fear of retaliation, losing one’s job, or damaging professional relationships can create a heavy burden.
This is especially true in cases involving sexual harassment, where the emotional stakes are high.
While it may seem intimidating, we encourage you to voice your concerns and seek justice, knowing that you don’t have to face this challenge alone. Our dedicated team is here to provide the support and legal expertise you need to stand up for yourself and your rights.
Together, we can help you reclaim your peace of mind and ensure that your voice is heard.
At Betts Law Group, our California employment law attorneys understand the complexities of employment law. With years of experience fighting for employee rights, we can help you assess your situation and determine the best path forward.
Before taking legal action, it’s important to carefully consider your options and potential outcomes.
Here are six key factors to think about when wanting to sue your employer in California
Exploring All Other Options
While sometimes necessary, litigation can be time-consuming. Before taking legal action, consider if there are other avenues for resolving the issue, including:
Talking to your supervisor
Filing a complaint with human resources
Contacting a relevant government agency
An experienced employment lawyer can advise you on the most effective ways to address your concerns and advocate on your behalf during internal discussions or agency proceedings.
The Strength of Your Employment Case
To have a viable claim, you must demonstrate that your employer violated the law. This could include:
Discrimination based on protected characteristics like race, gender, age, religion, or disability.
Harassment, including sexual harassment, creating a hostile work environment, or retaliation.
Wrongful termination, such as being fired for an illegal reason or in violation of an employment contract.
Wage and hour violations, like unpaid overtime, missed meal breaks, or illegal deductions from your paycheck.
Evidence To Support Your Claim
To succeed, you’ll need solid evidence to support your claims. It’s important to gather as much documentation as you can to help your case. Some of the types of evidence that can be helpful for your case include:
Documentation: Emails, letters, performance reviews, pay stubs, and employment contracts.
Witnesses: Co-workers, supervisors, or other individuals who can corroborate your account.
Expert testimony: In some cases, you may need expert witnesses to provide specialized knowledge or opinions.
A California employment attorney can help you gather and preserve evidence as well as identify witnesses to help you build a strong case.
Can you afford the costs?
While litigation may be the right choice for your case, it can involve a lot of costs including court filing fees, attorney fees, expert witness fees, and other expenses. Consider whether you have the financial resources to pursue a lawsuit, and if your attorney offers contingency fees (meaning you only pay if you win your case). Oftentimes, the upfront expenses are worth it once you are able to share your story and obtain justice.
Did you miss the deadline to file?
If you intend to file a lawsuit, you will need to stay on top of deadlines to ensure you are within the allowed time frame. In California, the timeline for filing a workplace discrimination case generally involves a few key steps.
Filing a Complaint with CRD: Before you can file a lawsuit, you must first file a complaint with the California Civil Rights Department (CRD).
Right to Sue Notice: Once the CRD processes your complaint, they may issue a “Right to Sue” notice, which allows you to take legal action.
Filing a Lawsuit: After receiving the Right to Sue notice, you have one year to file a lawsuit in California.
That’s where an experienced California employment lawyer can help. The attorneys at Betts Law Group will help make sure you meet all the filing deadlines and will help streamline the process for you.
What are your goals?
What do you hope to achieve by suing your employer?
Financial compensation?
Reinstatement to your job?
Policy changes at your workplace?
A sense of justice?
Clearly defining your goals can help you determine if a lawsuit is the best way to achieve them.
The California workplace discrimination team at Betts Law Group can help you understand your legal options, assess the likelihood of achieving your goals, and negotiate with your employer to reach a favorable settlement.
Contact Our Betts Law Group San Diego Lawyers Today
If you’re facing workplace discrimination or wrongful termination in San Diego, the experienced attorneys at Betts Law Group can help you understand your rights and options. Contact us today for a confidential consultation. We can help you assess your situation, help you gather evidence, and determine the best plan of action to protect your interests.
