My wife works for a company based in Virginia that doesn’t provide maternity leave, but she received an email approval for 3 months of maternity leave from HR. Today, 10/28/2024, is supposed to be her last day on leave. However, HR called to inform her that her job duties were reassigned to other employees due to project needs, and there are no available positions for her, so they are letting her go. Her company does not qualify under FMLA because they have less than 50 employees within a 75-mile range.
Discrimination protections for pregnant employees apply to employers with at least 15 workers. I’m not sure where the line is between terminating someone for pregnancy and for parental leave, but it would be worth contacting the EEOC to see what they can do. Check their website here.
You might want to consult a lawyer for guidance and to understand your case, but you can also handle this through the government.
Reilly said: @Dakota
I called the EEOC yesterday, and they mentioned we could have a case. I plan to consult a lawyer before proceeding with EEOC.
The company made a mistake. If they transferred her work to someone else instead of eliminating her role, the EEOC will definitely look into it. Consider also involving the office of human rights in Virginia. Edit to add that childbirth is protected in Virginia. Check this link: https://www.oag.state.va.us/citizen-resources/civil-rights. I suggest involving an employment attorney to draft the complaint and advise you on the process.
Reilly said: @Dakota
I called the EEOC yesterday, and they mentioned we could have a case. I plan to consult a lawyer before proceeding with EEOC.
Are you sure? If you’re in Virginia, based on what I understand about this situation, you might not have a strong case. You could find legal avenues to encourage the company to settle, but if they have a legal budget, they may be inclined to fight it.
Reilly said: @Dakota
I called the EEOC yesterday, and they mentioned we could have a case. I plan to consult a lawyer before proceeding with EEOC.
It’s shocking how often employers mishandle terminations. I once read about a guy who smelled of alcohol, and he was fired without hesitation. Later it turned out he had a medical condition, leading to a significant settlement.
@Rain
Both the Pregnant Workers Fairness Act and the Pregnancy Discrimination Act offer some protective measures. I recommend continuing to follow up with the EEOC.
Valen said: @Rain
He mentioned she was given approved maternity leave. If there’s documentation of this, they lack a valid reason to fire her. That’s illegal.
Based on what?
If there’s no FMLA applicable and no state family leave, she can legally be terminated for any reason upon return, including job redundancy.
Unless there’s a documented guarantee of job security. It would then be a contract dispute.
This won’t cost anything, and they will investigate. If they find no grounds, that could be the end. If they think there’s merit, use that to approach a lawyer.
You can definitely sue, but make sure you have legal grounds. If she’s not eligible for FMLA and the state doesn’t offer particular protections, it might be hard to form a case. Many laws requiring such protections don’t apply to smaller companies.
Ciel said: @Jesse
To be fair, you can sue for anything. You just need grounds to win. Even threatening a lawsuit might motivate the company to settle.
You need valid grounds to file. Without statutory or case law backing, they may struggle to find an attorney willing to take the case. Threats have less power if they’re not based in fact.
@Jesse
Who decides if a lawsuit is frivolous? A judge. Defending against a frivolous lawsuit still takes time and resources, although you might recover some legal costs.
Ciel said: @Jesse
Who decides if a lawsuit is frivolous? A judge. Defending against a frivolous lawsuit still takes time and resources, although you might recover some legal costs.
Ultimately, it’s up to the judge to decide. Yes, the plaintiff usually covers their costs along with those of the defense. Professional conduct matters; sanctions against attorneys may apply to those pursuing baseless claims.
@Whitney
It’s crucial to understand that maternity leave must be protected. If she was misled and allowed to take leave under the assumption of job security, that’s problematic.
I disagree with the previous comment. The employer approved maternity leave, suggesting her job would be secured. This case might not be the strongest for pregnancy discrimination, but it’s worth consulting with local lawyers.
@Kim
Not a lawyer, but I’ve worked in HR. Paid leave and protected leave are different. Just because they approved her maternity leave doesn’t mean her position was secure. They could backfill and terminate her once her leave ended, similar to what can happen when someone on FMLA exhausts their rights.