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.
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.
Is Virginia a Right to Work State?
Can you not see this as providence....and she can stay home with the baby?
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!
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).
Has she used up her FMLA?
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.
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.
Can you give a bit more information about the situation? I'm on maternity leave as well, but I have seniority, so it would be very hard for them to get rid of me.
Sue everybody. Heck, just because you had a baby doesn't mean your employer, the US Gov't, the United Way, the UN, FEMA, DOT, PSC, PUC, OSHA, Dept of Children & Families, and probably even the girl scouts & the Rainbow coalition all gotta owe you something.
How dare your employer try to have full time working employees.
Most do not charge for an initial consultation.
Asking for legal opinions on free republic is asking for trouble..
That's my legal advice for the day.