Legal Question in Employment Law in California

Fired while on maternity leave

Do I have a wrongful termination case? I was laid off after 4 yrs, 8 mos (as of 12/15) while on maternity leave (begun 11/12). I have a 2 yr employment contract which expires 3/1/02. I had planned to take 8-10 wks disability and then 4-6 wks FMLA (4 wks of FMLA would have been paid as ''bonding time''). Instead, they have offered to pay me through 6/15/02 if I sign a release.

Is it legal to do this while I am disabled by child birth? I had already tied up all my work and parceled it out to others before going on leave so cutting me creates no transition problem. I am a salaried professional who works 60% time (PT) but qualifies for full benefits. My boss said she couldn't ''carry a part-timer'' given next year's budget. I was never offered the chance to convert to FT (which I would have vs. being unemployed). Several less tenured employees do the same job FT and had weaker reviews. One was hired in 8/01 and is my boss's friend. It was obvious then that business had slowed. If I were employed until 4/02 I would qualify for a bonus for work done from 7-12/2001. $10K. I would have vested in the company's retirement plan (we have 0% vesting until you hit 5 yrs). This represents $35K.


Asked on 12/11/01, 3:12 pm

2 Answers from Attorneys
Paul Crost Reich, Adell, Crost & Cvitan

Re: Fired while on maternity leave

Based on the information you presented, it seems that you have a claim for violation of your leave rights. The Company's offer of 7 months pay indicates that it knows that you may have a good lawsuit, and it is trying to buy you off with a substantial offer. Before you sign a release, you should consult an attorney about your claim. The threat of a suit from an attorney may get you a better severance agreement than what has been offered.

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Answered on 12/12/01, 10:39 pm
Thomas Pavone Pavone & Cohen

Re: Fired while on maternity leave

In addition to your leave rights, you may have a claim for pregnancy discrimination for the failure to offer you full time status in light of your seniority and work history. You should seek a qualified employment attorney in your area.

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Answered on 12/21/01, 9:48 pm


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