[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]

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.

[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.

[Space Wrangler]

You have a settlement coming in your future. Get a lawyer. This company does not want this in front of a jury. They'll pony up a good settlement to keep it out of court. Seen it happen so many times, that I now believe that most businesses do this on purpose. They'll offer the equivalant of one years salary right out of the gate.