Lay off, right after maternity leave

[Anonymous]

Anonymous wrote:Talk to a lawyer. So illegal.

+1

[Anonymous]

If you decide to get a lawyer, which is good advice, it's a good idea to discuss the issue of mitigation of your losses. I am not an employment lawyer, but I work with some and mitigation of losses is always a big issue that comes up. Some people don't think they have a duty to find new employment but often (maybe usually) you do.

[Anonymous]

Talk to the employment justice center or first shift justice project.

[Anonymous]

Anonymous wrote:If you decide to get a lawyer, which is good advice, it's a good idea to discuss the issue of mitigation of your losses. I am not an employment lawyer, but I work with some and mitigation of losses is always a big issue that comes up. Some people don't think they have a duty to find new employment but often (maybe usually) you do.

This makes no sense. An award of back pay entitlement does not depend on whether or not you got a new job.

[Anonymous]

Please speak with Attorney.

Must you keep the job of a pregnant employee open until she is ready to return to work following the birth of her child?

A. Generally, yes. Unless you are informed that she will not return to work, you must keep the job open on the same basis as jobs that are held open for employees on sick leave or disability leave for other reasons.

[Anonymous]

Anonymous wrote:Stick it out or get busy applying and networking?

Literally came back from maternity leave (unpaid) yesterday. I even came back early at request of executive (took 8 weeks post c-section). Was told I'm getting a new title and job description that barely matches my skill. And strong possibility of lay off between May-September. Apparently my job duties were given to another person and now I'm superfluous... (Company is huge...so small business excuse doesn't apply).

It's not my performance. I had a great review 2 days before maternity leave.

So I have a newborn and not sleeping and need to figure out if it's worth staying til pink slip or say "screw it" and look as hard as possible / take 1st thing. I didn't love my job but the money and commute were great. I don't see that combo out in the market.

Ideas?

NG?

[Anonymous]

Anonymous wrote:Definitely talk to a lawyer. This might be legal, but there is a decent chance it is not, so talk to someone who knows the details of your situation.

For now, keep the job AND network like hell. While raising an 8-week old, which I know is about three full time jobs.

Good luck.

+ 1

My company tried to lay me off because I was out sick during my difficult pregnancy. Fortunately, DH knows something about employment law, so he had a little talk with the HR department, and things got straightened out. I got my job back, but the company clearly wanted to get rid of me, simply because I took leave. It was obvious. They didn't want women with young babies on the payroll! Horrible company. I quit a year later.

If you took FMLA unpaid leave, they have to hold your job for you. They can't change your duties and give you a worse job when you return. That's illegal. Speak to a lawyer, or call a government agency (sorry can't think which one, it happened to me a long time ago) to make sure you know your rights. And document exactly what they said to you. Write everything down, and keep copies of any documentation they gave you. Print out all emails and show them to the lawyer if it comes to that. Once you know your rights, you can go see HR, or talk to your boss, then go to HR. Sorry, OP, that sucks. It was so stressful for me when it happened, on top of taking care of a newborn. The company was a mid-sized co run by men, total assholes.

[Anonymous]

Happened to someone I know at an agency. She's still exploring her legal options.

[Anonymous]

Agree with the talking to the lawyer advice.

Also wondering...what was the reason they wanted you back early, OP? Did they say you were urgently needed? Especially if you weren't going back to your existing role.

Other PPs..if she had stayed out on FMLA, would she have been 'eligible' for this lay-off? I am just wondering if they egregiously pushed her to shorten her maternity leave as a means to sweep her up in their lay-off numbers. Sorry about this, OP. Good luck!

[Anonymous]

Anonymous wrote:Agree with the talking to the lawyer advice.

Also wondering...what was the reason they wanted you back early, OP? Did they say you were urgently needed? Especially if you weren't going back to your existing role.

Other PPs..if she had stayed out on FMLA, would she have been 'eligible' for this lay-off? I am just wondering if they egregiously pushed her to shorten her maternity leave as a means to sweep her up in their lay-off numbers. Sorry about this, OP. Good luck!

If her job would have been part of the lay off she could have been let go either way. For example, if her entire department was laid off, FMLA would not have prevented that.

That doesn't seem to be what the OP described so she should explore her legal options.

[Anonymous]

Wow the employers facts are really bad here. Good luck to them.

[Anonymous]

Anonymous wrote:Talk to a lawyer.

+1. - HR

[Anonymous]

Op here - I may have bought some time with the new mom thing. Executive wanted me back because of restructure. Of course, now I'm back and nothing is happening. It looks like I may not be in the first lay off group.., possibly later this year so company gets around FMLA.

Boss made a slip up about new job title - I'm getting it in 30 days instead. They must be trying to add more deniability.

Layoff would be hundreds of mid level managers... So I guess as long as I have some lead time, I can look..

Ugg...

[Anonymous]

Anonymous wrote:Also, you are entitled to take 12 weeks (16 in DC) of FMLA leave. If you've only taken eight weeks, I think you can tell the company that you need to take the additional 4 (or 8) starting NOW to care for your newborn. But I'd talk to a lawyer first.

No, in DC (if not working for the feds) she is entitled to 16 weeks family leave PLUS up to 16 weeks medical. In her case she got 8 weeks medical for the C-section which means that she is entitled to 24 weeks total. Unpaid, of course, but please don't spread misinformation. Enough people fail to understand the DC FMLA law as it is.