FEDS: Timing of RIF question

[Anonymous]

I'm looking for some advice.....if you were told when you came back from "maternity leave" that it was decided that your position was being RIFd, would you seek any legal action because of the timing (pregnancy/maternity discrimination?)? I've been told, and can't afford to not work.....

But I'd rather work than go that route

[Anonymous]

Anonymous wrote:I'm looking for some advice.....if you were told when you came back from "maternity leave" that it was decided that your position was being RIFd, would you seek any legal action because of the timing (pregnancy/maternity discrimination?)? I've been told, and can't afford to not work.....

But I'd rather work than go that route

Are you the only person being RIF'ed? That makes a difference.

[Anonymous]

RIF isn't such a bad thing. You have preference over everyone, even the vets when you're applying for jobs. Might be helpful in securing a new job quicker. I used to want to get RIFed when I was in a very bad job

[Anonymous]

Anonymous wrote:

Anonymous wrote:I'm looking for some advice.....if you were told when you came back from "maternity leave" that it was decided that your position was being RIFd, would you seek any legal action because of the timing (pregnancy/maternity discrimination?)? I've been told, and can't afford to not work.....

But I'd rather work than go that route

Are you the only person being RIF'ed? That makes a difference.

In my office? yes.

They won't classify me as ICTAP yet, so that's a problem...(I'm applying for other jobs).

[Anonymous]

Yes, I would seek legal advice. This could be Title VII discrimination (you need to go to your Agency EEO office first) or a FMLA violation (DOL handles those), or it could be nothing. In short, if they can demonstrate that they would have selected you for the RIF regardless of your maternity leave, you will not have a case. The problem is that until someone investigates, you will not know their reason for choosing you.

[Anonymous]

My first step was going to be to ask for documentation as to when the decision was made. My gut feeling as the person responsible for the decision wanted me gone once he realized I was having a child.
Is that the wrong first step?

Another issue would be that for part of my leave I was on FMLA and part of it I wasn't (the first part, I was on sick and annual.....and second part, FMLA)

[Anonymous]

I would file an EEO claim.

[Anonymous]

Bottom line, you have a case with EEO. Unless, you were on a documented PIP; there would need to be significant justification to RIF just you.
I think worst case scenario would be that you would get lateral/moved to a similiar position in your Agency.

Most Feds OGC are not equipped for litigation and almost always settle.

Anonymous wrote:My first step was going to be to ask for documentation as to when the decision was made. My gut feeling as the person responsible for the decision wanted me gone once he realized I was having a child.
Is that the wrong first step?

Another issue would be that for part of my leave I was on FMLA and part of it I wasn't (the first part, I was on sick and annual.....and second part, FMLA)

[Anonymous]

Anonymous wrote:Bottom line, you have a case with EEO. Unless, you were on a documented PIP; there would need to be significant justification to RIF just you.
I think worst case scenario would be that you would get lateral/moved to a similiar position in your Agency.

Most Feds OGC are not equipped for litigation and almost always settle.

Anonymous wrote:My first step was going to be to ask for documentation as to when the decision was made. My gut feeling as the person responsible for the decision wanted me gone once he realized I was having a child.
Is that the wrong first step?

Another issue would be that for part of my leave I was on FMLA and part of it I wasn't (the first part, I was on sick and annual.....and second part, FMLA)

A RIF does not concern performance so a PIP has nothing to do with it and is not a step to a RIF.