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Question: Employment and Labor - New Jersey

Asked on 11/6/2009
Fired while on maternity leave
I was fired while on maternity leave 5 days before my return date. I come to find that while home during my maternity leave the entire senior staff that i had been woking with had been replaced by new employees(2 months prior to my maternity leave new office managment had stepped in). I was discharged from my job through a registered letter i had received through the mail. I have been collecting unemployment since this event, and have yet to find a job and its getting dissapointing. Was firing my while on maternity leave even legal in the stae of nj?

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Answers (1):

SJZ, Member in Good Standing of the New York Bar


Unfortunately, it may well have been legal. You may not be fired because you were on maternity leave; however, being on maternity leave does not prevent you from being fired or laid off for unrelated reasons. If the entire senior staff had been replaced, it sounds like the company could show that there was a wider restructuring or layoff that you were fired as part of, unrelated to your pregnancy or leave.



  • Answered on 11/6/2009
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