Can I be laid off 2.5 months after delivering my baby?

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Can I be laid off 2.5 months after delivering my baby?

my company just called me out of the blue stating organizational changes and
told me i’m laid off in a week. They said it’s not a performance issue. They
offered 2 weeks reverence. I delivered my baby 2.5 months ago and took a
month maternity leave. Is it legal for them to do that?

Asked on July 12, 2016 under Employment Labor Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

So long as the reason for your lay off was not because you took maternity leave, then it is legal. An employee can be terminated due to organizational changes. This would be true even it you were still out on leave. Accordingly, unless this action in some way constitutes legally actionable discrimination (which it does not appear to) or it violates the terms of an employment contract or union/collective bargaining agreement, it is legal. In fact, your employer is not legally obligated to even offer severence. So to the extent that it is, you should consider taking it.


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