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I worked here for almost 2 years. I did have attendance issues so I was put on a probation and was told if I improved I would not be fired. During that 90 days, I did not miss work or come in late once. The last week of my probation I called in sick because I thought that I had the flu. It turned out to be morning sickness. I told my boss what was going on and she fired me the next day after I told her I was pregnant. Is this illegal? If so, should I sue? Have I waited too long?
Asked on August 26, 2012 under Employment Labor Law, California
Answered 12 years ago | Contributor
The law prohibits discrimination against a woman because she is pregnant; however, that is firing (or taking other negative action against) a woman simply because of her pregnancy. On the other hand, it does not prevent firing a pregnant woman because of legitimate performance or other issues, such as unauthorized, unexcused absences. If you previously had attendence issues, were on probation, then while still on probation (even if in the last week) missed another day without having (and using) a sick day to cover the absence, you could most likely be legally terminated, even if the underlying cause of this latest absence was pregnancy-related morning sickness. Your pregnancy does not entitle you to miss work without using paid time off.
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