Legal Question in Medical Leave in Alabama
Bully Boss prior to pregnancy
My wife works for an employer that keeps changing their mind on what is going to happen to her after she has our baby. The company currently has 5 employees and she has worked there for 8 months. She will have the baby in 2 months.
She was told that she can split her time when she comes back with the person that is replacing her when she is on leave. Today, they changed their mind and told her that she must put in writing that she will return in 6 weeks after she has the baby and go back full time. I told my wife not to sign anything yet. What rights does she have? Since she has not signed anything, does the verbal contract that they made with her and her replacement not apply?
Currently, my wife wants to go back to work. If she signs the paper that says she will come back and changes her mind after the baby is born, what can they do to her? Can they require her to sign?
1 Answer from Attorneys
Re: Bully Boss prior to pregnancy
With only five employees they can pretty much do what they want. They can fire her because she's pregnant. They can fire her because she's absent from work one day while having a baby.
The FMLA only applies to companies with 50 employees within 75 miles of the employee's worksite.
Title VII (prohibiting sex discrimination) applies only to companies with at least 15 employees.
Sorry not to be of much help. California has better labor laws. If we elected state representatives that actually worked for us instead of the corporate lobbyists, maybe we would too.
Best of luck.
Sterling L. DeRamus
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