Was I wrongedby my ex-employer if I was the only employee laid off after my maternity leave was over?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Was I wrongedby my ex-employer if I was the only employee laid off after my maternity leave was over?
I went on maternity leave and a week before I was to return I met with my boss. She said that the company was losing money and cutbacks needed to be made in my department. Since they were doing things fine without me, it was my job and a few others that would be getting hours cut. My boss gave me 2 options: (1) I could work a maximumof 20 hours a week (but I would lose all my benefits), or (2) I could take a lay off and get unemployment. I decided to take the layoff now instead of later. I found out I was the only one who lost their job. The FMLA doesn’t apply and I was wondering if I was wronged in anyway.
Asked on January 4, 2011 under Employment Labor Law, Idaho
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should speak with an employment attorney--you may have been wronged. A company may not fire someone for having been pregnant or having a child. If you can show that they company did fire you for this reason, you may be able to get several months of pay plus other damages. From what you write, you very possibly could make the initial showing of this--since only you were let go--in which case the company then has a chance to show that you were not fired for improper reasons but for something legitimate related to their business needs or your performance. An employment attorney can evaluate the circumstances and advise as to whether you in fact have a case and what it might be worth--from what you write, it's worthwhile having that conversation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.