Vanity - Wife laid off while on maternity leave. Opinions wanted.

[motohockey]

My wife was laid off after being on maternity leave.
She was never given any hint of problems with employment, but got the call last week that she did not fit the position.
This after working over and above the required hours and job responsibilities of her position.
I would just like some opinions on this seemingly unfair layoff.

[stylin19a]

http://www.eeoc.gov/abouteeoc/35th/thelaw/pregnancy_discrimination-1978.html

[JennysCool]

Was she the only one laid off or were there a number of layoffs? The company could be just paring down its workforce and she was unlucky enough to be one of the layoffs.

[Ursus arctos horribilis]

My advice, lawyer up. Our daughter had the same happen to her, she obtained a lawyer and got an undisclosed (part of agreement) lucrative settlement form the most unhappy company.

[Pontiac]

Is Virginia a Right to Work State?

[Guenevere]

Can you not see this as providence....and she can stay home with the baby?

[pettifogger]

She may or may not qualify for the federal Family and Medical Leave Act ("FMLA") which provides for a guaranteed return to an "equivalent position" after taking of up to 12 weeks of unpaid leave related to pregnancy. The most easily understood qualifications include: (1) the company must have more than 50 employees and (2) she must have worked 1250 hours in the last "year" (defined a number of ways). There are exceptions to the guaranteed return, even if she is eligible for the leave, including that her position was eliminated (must REALLY have been eliminated, not just changed a little bit to allow them to terminate her employment).

But, free advice, even from a recovering attorney like myself, is worth what you pay for it. Take a look at EEOC website posted by a clever FReeper, and also check out the Department of Labor site, since that is the federal agency responsible for administering the FMLA. Then, call a lawyer who specializes in plaintiff's employment law (if you don't know one, contact your county bar association). Some will give you a consult for free, or, even if you have to pay $100 or so for some of his or her time, it's worth it.

Good luck!

[pettifogger]

Although, I have to admit that I am sympathetic to Guenevere's comment -- maybe this is providence! I am a recovering attorney BECAUSE I decided to stay home with Muffinette (now 6) and the Biscuit (now 4).

[Harmless Teddy Bear]

How long has she been employed there?

Has she used up her FMLA?

[Horatio Gates]

Thats what I was thinking

[djf]

It seems to me that giving birth to and raising a child is a full time job.

I never bought into the women wanting to "have it all" philosophy, but that's just my opinion.

As far as pregnant women at the workplace, aren't there safety issues? Aren't there liability concerns?

The company might be doing you and your wife a favor.

[Guenevere]

Delighted to see you here, pettifogger :)

My daughter is now a 'stay at home' mom with her sweet little baby daughter.

[motohockey]

Virginia is a right to work state, but she works in DC.
She will very soon make more money than me so I will likely be a stay at home dad instead.
She won't let me yet and she says the 2 month old is not allowed to play golf yet.
She had the baby 6 weeks premature and was scheduled to go back to work in January.
She offered to work one or two days a week in order to make up for leaving work earlier than expected, but they chose to lay her off as "not a good fit for the position"
There weren't any other layoffs and there was recently a layoff of an accountant while on maternity leave.
The company is very well off financially.

[NonValueAdded]

Look closely at the terms of the layoff. I doubt that you can invoke a FMLA leave after a layoff notice is received. Will her medical benefits be carried through the term of her pregnancy? If she does not accept the layoff terms, will her coverage be terminated? Be sure you are sitting down when you find out how much her COBRA coverage will cost. Is she over 40? If so, there are certain additional rights that apply. She would be entitled to information about who else was laid off, their ages, etc. Her pregnancy cannot be a reason for her layoff, legally anyway but IMHO companies will be categorizing their employees potential health risks and will gladly nuke enough other employees to avoid a discrimination claim. How many weeks severance will she get? Does she have copies of her past performance reviews? You might find that accepting the settlement in order to keep medical coverage is the best you can make of a bad situation.

[NonValueAdded]

Whoa, ignore my last. She was the ONLY one laid off after having a premature birth and there was past history of "post-partum layoffs???" Get thee to a lawyer's office.

[marajade]

why doesn't she qualify for FMLA?

[Woodman]

As someone who has hired and sometimes let go quite a few people in an "employ at will" state, I would say yes you can eliminate anyones job. However after you last bit of information you provided, I would say lawyer up and fast.

Only thing might be, did they give her a decent severance package? If she signed an agreement you may be screwed. Even if she didn't get one, I bet she could squeeze them for at least a years pay (if she gets it lump sum she could collect unemployment) and stay home with the baby for a while.

[Guenevere]

So you want her to retain her job and you stay home with the baby.... because she's making more money than you?

But she won't let you stay with the 2 month old yet, because you play golf?....

...Pardon my baby sensitivity, but what kind of 'say' does your 2 month old have?....bless her heart.

[motohockey]

The good news is that our daughter is on my company's insurance plan and I can add my wife to our policy easily.
She hasn't received any reviews, but had recently been praised for her work and has never even been close to any type of disciplinary action.
I am very hesitant to take a legal route, but don't want to be taken advantage of either. Right now we are researching our options.

[NonValueAdded]

She is already laid off, is she not? Unless she is already out on leave I don't think you can invoke it post-layoff in order to delay it. I am not a lawyer but I don't think you can say "you can't fire me, I'm going on leave."