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I’m sorry this happened OP. However, like strat 1 said above, your position was eliminated so there are no protections. You CAN claim unemployment cause it was a lay-off and not a termination (fired).
I’d save your money and don’t let a lawyer talk you into a suit you cannot win. The added stress won’t help either especially with a newborn on top of it.
That is HORRIBLE, OP. I’d contact an employment lawyer, see what they say
Yep, totally legal as part of wider layoffs. The only way I can think of that you might have a case is if they laid off everyone who was on maternity leave at the same time.
AD3, not true. They can lay you off while on maternity/FMLA leave, but they can't fire you because of it.
uhhh wtf? following
And did you sign any paperwork when you were let go?
This breaks my heart OP, sending thoughts and prayers to you and your little ones. Look into an employment lawyer. You likely waved most of your rights by signing the paperwork.
However, there may be protections as part of FMLA that they can look into. Or if you were coerced into signing the document.
As a lesson for the future, you have the right to review the documents with legal counsel before signing your rights away. Though from personal experience, most are pretty standard if you are in a holding company.
Global Lead 1, how can there be any suit if the position was eliminated? If they’re no longer able to bill for those positions due to a cutback, no company should be forced to go into debt over any employee.
I’m curious if you have any insight I may be missing. Thx.
@CD1, I was referring pursuing the FMLA route to see if there’s any job loss protections there. Agree not much agency can do, the unfortunate perils of the industry.
FMLA specifically says that if your job would have been eliminated if you were not on maternity leave at the time, that maternity leave is not a protection. You can google it to look up the language. If women or women of childbearing age were hit harder in say an account loss situation, then maybe but you would still have to prove that was the reason which I think would be nearly impossible. Take what they gave you, file for unemployment and move on. Don’t waste energy and money pursuing a case. Unlikely you will get anything but heartache and lost money. Focus energy on finding another job
Did you fill out FMLA before you left?
Yes to both questions.
If your job was eliminated, the maternity leave doesn’t protect you. I know a few women this happened to who thought they were protected but it’s legal
It’s legal, just super shitty. Had this happen to a good friend. I’m so sorry OP, what a terrible thing to deal with.
You signed stuff?.. did it have the "you can't sue" clause in it? If so, it's pretty doomed. Did they at least provide the severance? Technically, that's illegal, they can only terminate you once you're back.
Super shitty but totally legal. My spouse was let go while out on disability. We looked into it before wasting money on a lawyer.