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Laid off while on Maternity Leave

Posted January 21, 2009 at 1:51PM in Talk Around The Playground General by Sullysmama | Back 

Gettin' used to this "mom of two" stuff.

 

One of my very best friends just had a baby on Dec. 30th and is currently on her maternity leave. Her employer of 7 years (who actually paid to transfer her out to Denver from Minnesota a little over a year ago) just informed her that she was laid off. Now, I know we have some lawyers on this board so help a sister out here. Does she have any rights as far as being laid off while on short term disability?? I feel like this was a pretty dumb move on her company's part, but I guess I don't know for sure. Anyone have any experience in this area? Or just a comment reaffirming the balls of a company willing to lay off a woman in an executive position with a 3 week old at home?

 

Tags: rights, laid off, legal

 

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TheLilWee Homepage

  TheLilWee responded January 21, 2009 at 2:14PM

  By the Grace of God I am what I am.

I don't have any adivse for your situation, but I do have a similar story of my own. Once my employer found out I was expecting, I was terminated. When I called atorneys around the area asking if the company could do that, the atourneys told me that in the state of florida, anyone can be terminated for any reason without any kind of notice.....needless to say, i was pissed!

vtmomof2 Homepage

  vtmomof2 responded January 21, 2009 at 2:15PM

  Life is crazy but wonderful.

How awful. It is funny we are covering this very topic in my employment law class next week. My professor is a prominent employment law lawyer. Can I ask her about this scenario? This will probably fall under FMLA, but there are some guidelines for that like how long she worked there and the number of employees, etc.. Also, the reasons behind her termination, but it seems suspicious that it happened so soon after her maternity leave.

vtmomof2 Homepage

  vtmomof2 responded January 21, 2009 at 2:17PM

  Life is crazy but wonderful.

The Lilwee rest assured that is no longer true, and hasn't been for a long time. I don't know what laws are in Florida, but the federal gov't has laws against that. Pregnancy is covered under the ADA (Americans with Disabilities Act), and Florida must abide by those rules just like every other state. There are new regulations on pregnancy though, and I cover that next week in my class.

Sticky_Mommy Homepage

  Sticky_Mommy responded January 21, 2009 at 2:35PM

  I love my job, it gives me a break from my kids!

A company I used to work for in VT fired a women while pregnant and she filed a lawsuit and won. She didn't want to job back, but she got back pay and more. I can only imagine her pain and her hormones with a newborn. that sux!

Sullysmama Homepage

  Sullysmama responded January 21, 2009 at 5:03PM

  Gettin' used to this "mom of two" stuff.

Vtmomof2 you can absolutely use this scenario in your class as long as you report back on what you learn. She has been with this company for 7 years in an upper level position. She worked until the day they induced her! Some thanks!

 

 

 

 

 

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