Legal Question in Disability Law in California

Lay-off during maternity leave

Two weeks into my maternity leave I received a call from my new manager and head of HR to inform me that my job was being eliminated. Upon returning to work I'll have two weeks to look for a job internally. Should that not be successful, they will give me a severance package. The day after hearing this news I received the company's new organization chart. On it is a new person listed in the job I had. After speaking to a co-worker, I found out that they have hired for this position from the outside. She was somewhat relieved as they are really busy and can use help now. I'm thinking that my lay-off is more due to my already being on maternity leave than another other factor (especially since my reviews have been positive).

I have not yet received anything in writing regarding the lay-off from my company. Does this sound like it could be a legal matter to pursue further?


Asked on 6/06/01, 4:39 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Lay-off during maternity leave

Your situtaion certainly raises some questions. If you were laid off because you were replaced for taking maternity leave, that is illegal. However, employers may layoff for legitimate business reasons. If the decision would have been made regardless of your maternity leave, it is not illegal. The trick is in determining what the real cause for the leave off was. It may also put you in a good position to negotiate a fair severance agreement and leave on good terms. Use this to your advantage.

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Answered on 7/05/01, 12:37 pm
Patty Lewis Law Office of Patricia Ann Lewis

Re: Lay-off during maternity leave

You may have a wrongful termination action . . . certainly it is worth discussing with an attorney . . . however be aware that there are specific time limits within which you must file certain claims or you may forever be precluded from obtaining any recovery . . . You should consult with counsel promptly to ensure that you preserve your right to choose . . . Good luck . . . Patty Lewis . . .

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Answered on 7/07/01, 12:30 am


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