| 1. |
|
| 2. |
|
| 3. |
|
Ratings. Guidance. The Right Lawyer.
Layoff while out on maternity leave.
Fresno, CA
Viewed 70 times.
Posted 3 months ago in Employment / Labor
Flag as objectionable
Large layoff was announced company wide. A about a week later I found out that I was on the list by looking at a file in my buget folder on the server. Next to each individuals name that was being laid off was an area for comments that were filled in. Some were due to last hire, some due to consolidation, another based on performance review. Next to my name it listed maternity leave.
I sent an email with the attachment from my work to home email address to leave an electronic trail. After I received my letter informing me of my layoff the company continued to retain the temp brought in to fill in during the time I was out. Once my maternity leave finished then she was let go. Do I have any basis for a suit? Answers (1)
Michael Robert Kirschbaum
This attorney is licensed in California.
Posted 3 months ago.
Flag as objectionable
Possibly. You came across documentary evidence suggesting you were selected for layoff due to your maternity leave. Assuming this document was not improperly obtained, you can use this, as well as any other evidence that may be available to make a case for pregnancy discrimination. The burden will be on the employer to prove you would have been laid off regardless of your maternity leave. These are factual disputes that must be resolved by a judge, jury, arbitrator, etc.
You definitely should consult with an experienced employment law attorney in your area, to review the facts of your case and discuss your options. There are different ways to approach this issue and someone who has done this many times before can help guide you through this. |
