Is it against California Law to fire a Car Salesman becuase of birth of his son?

Is it illegal in California, to fire or lay off a male employee becuase of his wife's pregnancy? I was hired about 4 months ago as a Sales Consultant for an Automotive Dealer in Northern California. When I took on the job, my MGR was fully aware of my wife being pregnant and agreed to allow me 10 days off for her pregnancy. Last month I got a promotion to Internet Sales, and I told him I was willing to devote all my Sales time into making templates organizing the department. We also discussed the fact that my Sales performance on the floor will be below average becuase of my time to bring the department up. I did just that, bring the sales up in the internet department with my personal brainstorming, templates and sales approach. Yesterday he gave me my check (not severence pay) and told me to call him in a month because my performance has been low the past week (my wife was expecting to go into labor at anytime) infact, he did it on the day after they induced labor. Do I have a case here? They are also stealing commissions, being racist etc. I have fellow ex-employees (4) that will back me up. Any help will be appreciated, as long as any referrals. Thank you.

1 answer  |  asked Nov 16, 2002 2:49 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
leave for wife's childbirth

you do not qualify for fmla/cfra leave, even if your company is large enough, because you have not worked for them for 12 months. if you had accrued sick leave, you were entitled to use that to care for an ill family member. if you did not have already accrued sick leave, it's not certain you have any rights. you need to talk to an attorney who is expert in employment law. i do not know where tracy is, but you can find an attorney in your area by going the the california employment lawyers association website (www.celaweb.org).

posted by Janet M. Koehn  |  Nov 16, 2002 3:52 PM [EST]

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