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My daughter was one month to go on maternity leave, the company laid her off?

BlueLadyBlue R asked:

They hired a man and let her go. What rights does she have?

This entry was posted on Monday, June 30th, 2008 at 12:32 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

11 Responses to “My daughter was one month to go on maternity leave, the company laid her off?”

  1. Plenty. There are laws against it. Have her hire a lawyer and sue for wrongful termination but only if they fired her for pregnancy or labor.

  2. That is wrongful termination - she can sue them as she was discriminated against and it will most likely be settled out of court. She should talk to a lawyer.

  3. Go to the department of labor in you area and speak with them. They can not fire her because of pregnancy it is a form discrimination. She should speak with the department of labor before a lawyer because this could be settled before she pays any legal costs.

  4. Baby Girl due July 4th! on July 6th, 2008 at 11:04 am

    That is completely illegal. Tell her to hire a lawyer and sue. She is protected under FMLA.

  5. They laid her off while on maternity?! Oh wow, that’s a law suit waiting to happen. Tell her to lawyer up and good luck!

  6. brwneyedqtpie on July 8th, 2008 at 7:26 am

    Her job is protected under the FMLA or the Family Medical Leave act for 12 weeks after a birth or adoption. There are some stipulations such as employer size and if she has been there at least a year. Good Luck!

  7. I don’t know what state she lives in but i know for a fact in nystate it is against the law she can sue the company. hire a lawyer..looke up on line what the laws for maternity leave are in your state. that infuriates me.

  8. Different sized companies have different rules. Federal laws may not apply if she worked for a super small company. Call the department of labor in your state to get the facts about her rights.

  9. If they laid her off, then more than likely they did away with that position, and just opened a new job title and hired someone else, which is completely legal. She probably just needs to go file unemployment and be done with it.

  10. dietcokepants on July 15th, 2008 at 9:06 pm

    depends on what kind of leave she was on. Not everyone is protected by FMLA.

  11. kandlight1182 on July 16th, 2008 at 7:51 pm

    what they did was all sorts of illegal. she needs to get a lawyer and sue them.

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