Pregnant and Just Received a Severance Agreement in Los Angeles

If you were terminated while pregnant or shortly after announcing your pregnancy, your employer has a serious legal problem. Pregnancy discrimination is one of the most clearly illegal forms of termination under California law, and the protections available to you are extensive. Don't sign anything until you understand what your situation is actually worth.

California's Pregnancy Protections

FEHA pregnancy discrimination. California's Fair Employment and Housing Act makes it illegal to fire, demote, or take any adverse action against an employee because of pregnancy, childbirth, or related medical conditions. This applies to all employers with 5 or more employees.

Pregnancy Disability Leave (PDL). If you're disabled by pregnancy (which includes severe morning sickness, pregnancy complications, prenatal care, and postpartum recovery), you're entitled to up to four months of job-protected leave. Your employer must hold your job or provide a comparable position when you return.

CFRA leave. In addition to PDL, you're entitled to 12 weeks of baby bonding leave under the California Family Rights Act after the baby is born. This is separate from and in addition to pregnancy disability leave.

Reasonable accommodations. Your employer must provide reasonable accommodations for pregnancy-related conditions. This can include modified duties, more frequent breaks, temporary transfer to a less strenuous position, and time off for prenatal appointments.

Why This Changes the Severance Conversation

The timing of your termination is devastating evidence for your employer. Courts and juries in Los Angeles understand that when an employee is fired shortly after announcing a pregnancy or while pregnant, the most logical explanation is the most obvious one.

Pregnancy discrimination claims under FEHA can include:

Back pay. All wages and benefits from termination through resolution.

Front pay. Future lost wages.

Emotional distress. The stress and anxiety of losing your job while pregnant. California law recognizes this is particularly harmful during pregnancy.

Punitive damages. For intentional discrimination.

Attorney's fees. Paid by the employer if you prevail.

These damages can add up to significant sums. A severance offer of a few weeks' pay in exchange for releasing a strong pregnancy discrimination claim is not a fair trade.

Red Flags That Suggest Pregnancy Discrimination

Your employer probably didn't say "we're firing you because you're pregnant." They don't have to. Look for these patterns:

You were terminated shortly after announcing your pregnancy. Your manager's attitude changed noticeably after learning you were pregnant. You were told the position was being eliminated, but it's still being performed by someone else. You were replaced after being fired. Your performance was never an issue until you became pregnant. You requested a pregnancy accommodation and were fired instead. You were told the company "can't afford" to hold your position during your leave.

Health Insurance: A Critical Concern

Losing health insurance while pregnant is an immediate, practical crisis on top of the legal issues. Make sure you understand your options:

COBRA continuation gives you 18 months of coverage. You can also enroll in Covered California during a Special Enrollment Period triggered by your loss of coverage. If your income drops significantly, you may qualify for Medi-Cal, which covers pregnancy and delivery comprehensively.

In your severance negotiation, employer-paid COBRA through the remainder of your pregnancy and postpartum recovery should be a priority. This is a reasonable and commonly granted request, especially when the employer knows they have legal exposure.

What to Do Right Now

Don't sign the severance agreement. You have time, and you need a professional evaluation of your claims before you sign anything.

Document the timeline. When did you announce or disclose your pregnancy? When did the company's behavior change? When were you terminated? What reason was given?

Secure your health insurance. Elect COBRA immediately so there's no gap in coverage during your pregnancy. You can sort out the cost as part of the severance negotiation.

Contact an employment attorney. Pregnancy discrimination claims are among the strongest in employment law. Our employment team offers free consultations for pregnant employees facing severance agreements in Los Angeles and Southern California. We can assess your claims and make sure the severance offer reflects the reality of your legal situation.