Pregnancy harassment at work led to early SDI leave - should I quit or let them fire me for unemployment benefits?
I'm in such a stressful situation and need advice ASAP. My employer has been making my pregnancy absolute hell with constant harassment and impossible workloads. It got so bad that my OB actually put me on disability leave 9 weeks earlier than we had planned. The doctor said the workplace stress was potentially harmful to both me and the baby. Now I'm hearing through coworkers that management plans to terminate me this week. I'm torn on what to do - I've NEVER had any disciplinary actions against me, no write-ups, nothing in my file that would justify termination. Part of me wants to just quit and be done with them, but I know I might need unemployment benefits after my disability ends since finding a job while visibly pregnant is nearly impossible. Do I just let them fire me without cause so I can qualify for unemployment after SDI? Or do I quit now to avoid the humiliation? Has anyone dealt with something similar with EDD benefits? I'm 31 weeks along and this stress is the last thing I need right now.
19 comments
Abby Marshall
Do NOT quit! If they fire you without documented cause after putting you on pregnancy disability leave, that potentially opens them up to discrimination claims. Also, voluntarily quitting would likely disqualify you from unemployment benefits. Let them make the move.
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Vanessa Figueroa
•Thank you - I'm so stressed I hadn't even thought about the discrimination angle. I think you're right about letting them make the move.
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Sadie Benitez
omg i went thru almost the same thing last year!!! dont quit!!! they r counting on u quitting so they dont have to pay unemployment. my manager did the same harassment bs when i was pregnant. document EVERYTHING. save txts emails etc
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Vanessa Figueroa
•I wish I'd documented more earlier... but I do have some text messages with my supervisor that show some of the unreasonable demands. Should I forward those to my personal email?
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Sadie Benitez
•YES!! forward EVERYTHING to personal email and screenshot EVERYTHING. trust me on this. and if they fire u while ur on pregnancy disability thats a huge no-no legally. they know better!
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Drew Hathaway
Here's what you need to know about your benefits situation: 1. You're currently on SDI (State Disability Insurance) through your doctor's certification. That continues regardless of employment status until your doctor releases you or you reach maximum benefit period. 2. After SDI ends following childbirth, you're eligible for Paid Family Leave (PFL) for bonding time - also not affected by employment status. 3. Only AFTER both SDI and PFL end would you potentially need unemployment benefits, and for that, being terminated without cause is much better than quitting. If they fire you while you're on protected pregnancy disability leave, you may also have grounds for wrongful termination. Document everything and consider consulting with an employment attorney.
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Vanessa Figueroa
•This is incredibly helpful. I didn't realize PFL would still be available even if I'm no longer employed. So basically my benefits are secure for several months regardless, and unemployment would only potentially come into play after those end. Thank you!
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Laila Prince
I'd let them fire you and then file for unemployment afterwards. Being pregnant is protected status anyway so they might be setting themselves up for a lawsuit if they fire you because of it. That's what I'd do anyway but I'm not a lawyer so take my advice with a grain of salt lol
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Isabel Vega
Wait wait wait. I think everyone's missing something REALLY important here. If your doctor put you on early disability leave due to work-related stress and harassment, you should definitely consider filing a workplace harassment claim. Pregnancy discrimination is illegal under both California and federal law. This isn't just about unemployment - you might have a much stronger case here.
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Vanessa Figueroa
•I've thought about that, but honestly the idea of a legal battle while I'm about to have a baby feels overwhelming. I just want to get through this pregnancy with minimal stress at this point, and make sure I have some income.
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Isabel Vega
•I totally understand that. Just know you typically have a year to file most workplace claims, so you can always revisit that option after baby arrives and you're settled. For now, focus on your health and document everything just in case.
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Dominique Adams
Has ANYONE actually been able to get through to EDD on the phone lately??? I've been trying for THREE WEEKS to update my address on my claim and literally cannot get a human. Either busy signals or disconnected after waiting forever. OP might need to call about this situation and it's literally impossible to reach anyone.
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Marilyn Dixon
•Try using Claimyr.com - it basically waits on hold for you and calls you back when an EDD agent is on the line. Saved me hours of frustration last month when I had issues with my SDI certification. They have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd. Definitely worth it when you need to actually talk to a human at EDD about complex situations like this.
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Louisa Ramirez
My wife went tgrough somethign similar but with a different outcome. Her work tried to push her out but backed down when she got a lawyer involved. Sometimes just having a consultation with an employment lawyer (many do free consultations) can give you leverage. Just a thought.
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Drew Hathaway
Just want to clarify something important - pregnancy disability leave in California offers job protection similar to FMLA/CFRA. If your company has 5+ employees, they generally cannot terminate you while you're on pregnancy disability leave without facing significant legal consequences. The fact that they put you on SDI 9 weeks early due to work conditions makes their position even more precarious legally. However, this protection doesn't necessarily extend after your disability leave ends. That's when the question of unemployment vs. quitting would become relevant.
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Vanessa Figueroa
•That's really good to know! My company has about 50 employees, so they definitely qualify. So you're saying they legally can't fire me while I'm actively on this pregnancy disability leave? That actually gives me a lot more bargaining power than I realized.
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Vanessa Figueroa
UPDATE: I consulted with an employment attorney today (free consultation) who confirmed I'm in a protected status while on pregnancy disability leave. The attorney is sending a letter to my employer reminding them of my legal protections. I'm going to stay on SDI, document everything, and follow the advice here about not quitting. Thank you everyone for your help - this forum has been incredibly supportive and informative during such a stressful time.
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Drew Hathaway
•That's excellent news! Having an attorney send that letter often changes the employer's approach completely. Now you can focus on your health and preparing for your baby without this added stress. Please keep us updated!
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Sadie Benitez
•so glad you got legal help!! these companies think they can push pregnant women around until someone stands up to them. good for you!!! 💪🏼
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