@Kim
Whatever happens, the responsibility lies with the employers. The mere act of approving maternity leave without clear conditions makes them liable if they take action against the employee upon return.
I’ve been in a similar situation, and the specifics are critical. If her job is protected until the specified date, it becomes an entirely different matter. After that date, the job wouldn’t be guaranteed. It’s vital to ensure documentation clearly outlines any such agreements.
I manage a small business in a similar situation to your wife’s old company (not protected by FMLA). If this were one of my underlings, I’d feel confident that I could win if they sued me because it would be difficult to prove discrimination. The EEOC laws protect pregnant workers, but employers are typically allowed to fill roles needing coverage.
Firing an employee the day before they return from maternity leave can hint at illegal motives if the termination is linked to their pregnancy or maternity leave. This could establish grounds for a wrongful termination suit.
I recommend consulting with an employment lawyer who understands labor laws; you may be on solid ground here.
@Finnian
It’s worth noting that federal law doesn’t protect all employees equally due to certain exceptions based on company size and locations. Not every maternity leave situation is protected under the law.
Yes, without a doubt. Document everything and check if the company is hiring.
Employers can legally lay off employees during maternity leave as long as they follow non-discriminatory reasons. If she is being fired solely for taking leave, that is discrimination and is therefore illegal.
Under most employment laws, employers are required to hold a job open during maternity leave as if it were medical leave.
The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy. This mandates employers keep a pregnant employee’s job open for the same duration as for other medical leaves.
If she was promised maternity leave, then she was justified in expecting her job to be available upon return. Employers have to adhere to labor laws; they cannot cherry-pick what works for them.
Seek representation now.
According to dol.gov, Virginia law forbids employers with more than 15 employees from discriminating against employees due to pregnancy or childbirth. This includes not hiring or other discriminatory actions. The law suggests employers must adhere to practices against unlawful discharge based on pregnancy.
To pursue this, you will need to demonstrate that her firing linked back to her pregnancy, not just the company’s rationale. Please consider how often they have terminated employees during pregnancy or if there’s communication that could imply motive for the termination.
@Spence
The only reason conveyed was that her role was crucial for the project, thus they had to fill it, and now no positions are available for her.
Reilly said:
@Spence
The only reason conveyed was that her role was crucial for the project, thus they had to fill it, and now no positions are available for her.
How many employees does her company have?
@Morgan
Around 150 employees.
File a complaint with the EEOC. They will need to justify that they did not terminate her based on her pregnancy or leave. If there are more than 15 employees, they are subject to potential repercussions under EEOC regulations.
Is returning to a company that doesn’t want her really what she wants? Settlements may be on offer, but will they truly cover legal fees and the time involved?
From what I know, FMLA mandates they hold a comparable position, not necessarily the exact one. This could be the perspective their company is taking.
When facing potential workplace discrimination, I always advise starting with a labor attorney. If they see genuine grounds for a settlement, they often take on cases on contingencies. If they deem it a weak case, turn to the EEOC or a state labor office.
Labor lawyers typically move a bit faster in gathering evidence, and they understand more than just the organizational specifics because their income is directly affected by the result.
Your post may have been removed for the following reason(s):
Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful
Your comment has been removed for being speculative, anecdotal, simplistic, or generally unhelpful. Please review the subreddit rules and avoid further similar comments.*
Please read our subreddit rules. If you feel this was in error or have updated your post to follow the rules, message the moderators. Do not create another post.
USA
Pregnant Workers Fairness Act—look into it.
Mal said:
Pregnant Workers Fairness Act—look into it.
I checked the overview from the government, and it may not be relevant to OP’s case.
It mandates that employers provide reasonable accommodations for employees affected by pregnancy or related medical conditions unless it causes undue hardship to the employer.
In OP’s case, she’s not simply asking for more comfortable conditions; she’s requesting job security.