Clerk goes on early maternity leave when she has a premature birth, is later told not to return to work.
Mancini & Associates by Michael R. Fostakowsky, Sherman Oaks.
Law Offices of Ray Hsu by Ray Hsu, Alhambra.
Plaintiff was hired in September 2011 as an office assistant with defendant Xiaobo America, Ltd. After three months, she received a good performance review and was given a raise. In May 2012, Plaintiff learned she was pregnant. Plaintiff immediately informed her supervisor, requested maternity leave, and represented that her due date was in February 2013. Plaintiff went on to have several more conversations with defendant about her pregnancy and need for maternity leave.
On December 3, 2012, plaintiff went into labor, eight weeks before her due date. While in the hospital, plaintiff notified defendant she was in labor and would need to begin her maternity leave earlier than anticipated. Plaintiff's supervisor came to the hospital, confirmed with plaintiff she would return to work in three months, and that a temporary employee would cover plaintiff's work in her absence.
On February 25, 2012, plaintiff emailed her supervisor and defendant's owner, confirming her maternity leave would end on March 3 and she would return to work on March 4. Defendant then informed plaintiff that she no longer had a job and accused her of quitting when she took her maternity leave.
That plaintiff was wrongfully terminated and retaliated against for her pregnancy and taking maternity leave.
That plaintiff was a sub-standard employee who quit prior to taking maternity leave.