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Thread: Need Legal Help! FLMA?

  1. #1
    Join Date
    Dec 2006
    Posts
    139

    Default Need Legal Help! FLMA?

    I went back to work on Jan 7th from Maternity leave and was "laid off" today due to "cut backs"

    Does anyone know if I have any sort of recourse? I know they have to hold my position while I am out, but 3 weeks later I am gone... WTF is that?

    Any help or direction would really be appreciated, the FMLA web site wasn't clear on going back to work protection.

    Also, when I first returned to work the Controller made me very uncomfortable with pumping since it "interfered" with her staff's work.... in the STORAGE closet!

    Thanks in advance for any assistance

    Tiffany
    Mommie to
    Brian Christian 4/12/06
    Bryce Alexander 11/8/07

    back to work on Jan 7th and FIRED on the 31st!

    'ing fool!
    http://www.virginiahypnobirthing.com
    http://i7.photobucket.com/albums/y29...bymonster1.gif

  2. #2
    Join Date
    Feb 2007
    Location
    Sunny Arizona
    Posts
    3,171

    Default Re: Need Legal Help! FLMA?

    I'm not an expert but it doesn't sound like they did anything legally wrong. Would you have been laid off if you didn't get pregnant, who knows. The timing is suspect but not illegal. I'm sorry this happened to you though. Maybe it's a sign you should be a SAHM?

    Good luck finding another job quickly! Did you get any sort of severince(sp?) package that can tide you over for a little while why you figure out what to do? Hope everything works out for you.

    Amy married to my bestfriend since 10/30/04

    Proud SAHM to DS born 2/17/07 and DD born 9/11/08 Both weaned together 11/2011
    Currently milk, peach, peanut and tree nut free. DD has outgrown her wheat, cheese, egg, garlic, and citrus allergies

  3. #3
    Join Date
    Oct 2006
    Posts
    1,107

    Default Re: Need Legal Help! FLMA?

    , mama. Was there anyone else who was laid off because of cutbacks? If there were others, I would say it was probably legit, but if you were the only one I would have to wonder...

    I have no advice to offer, so hopefully there is another mama around here who can offer some. If nothing else, have you considered speaking with a lawyer?
    Robin

  4. #4
    Join Date
    Jan 2008
    Posts
    2,570

    Default Re: Need Legal Help! FLMA?

    I would be suspicious if they hired others while you were on ML and then cut you when you got back. Try talking to a lawyer and see what your opyions are.


    Jeanne (my middle name IRL)


    Mommy to two girls (M & M), born Sept. '07 and Sept. '09

  5. #5
    Join Date
    Jan 2008
    Posts
    2,570

    Default Re: Need Legal Help! FLMA?

    (options)


    Jeanne (my middle name IRL)


    Mommy to two girls (M & M), born Sept. '07 and Sept. '09

  6. #6
    Join Date
    Jan 2008
    Posts
    3

    Default Re: Need Legal Help! FLMA?

    This happened to my mom as well when she went out for her hysterectomy (sp). There was nothing legally she could do unfortunately

  7. #7
    Join Date
    Jan 2008
    Posts
    137

    Default Re: Need Legal Help! FLMA?

    You might want to contact your local EEOC office. They are the only ones who can really tell you the facts on the legality of this.

    I'm sorry you're facing this. Being a mom is hard.

  8. #8
    Pellegirl is offline Shares Widely And Frequently
    Join Date
    Jan 2007
    Posts
    367

    Default Re: Need Legal Help! FLMA?

    I think it depends on the situation as other posters have said. I would contact the EEOC for your state and talk to them. If they feel there might a case, they will most likely investigate. Not sure if anything can be done but good luck.

  9. #9
    Join Date
    Dec 2006
    Posts
    139

    Default Re: Need Legal Help! FLMA?

    I was afraid that something like this would happen. I am just at a loss as to what to do and I can't stop crying about it which is frustrating! I feel like this is a bad dream.
    Mommie to
    Brian Christian 4/12/06
    Bryce Alexander 11/8/07

    back to work on Jan 7th and FIRED on the 31st!

    'ing fool!
    http://www.virginiahypnobirthing.com
    http://i7.photobucket.com/albums/y29...bymonster1.gif

  10. #10
    Join Date
    Feb 2007
    Posts
    1,709

    Default Re: Need Legal Help! FLMA?

    Sounds really suspicious to me. I'd definitely contact the EEOC and see what they tell you about your options. Don't know if you're up for a big legal battle about it, but it might make you feel a little better to pursue it a little. Hopefully you can find a better job soon where your skills are appreciated and they don't give you a hard time about pumping.

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