Legal Question in Employment Law in California

Layoff after returning from Maternity leave

I was on a maternity leave. After returning to work, within one month of my return ,I was asked to leave. Also, upon my return from leave, I was asked to include my colleagues in all customer communications, which before my leave, I used to handle by myself.

The reason my manager gave was ''financials of the company''. My performance was never a problem during my 5 year tenure with this company.

Can my company be held accountable for discriminating against me for my maternity leave?

Thx for the advice.


Asked on 11/27/02, 1:55 pm

2 Answers from Attorneys

Re: Layoff after returning from Maternity leave

You may have a case for discrimination if you can prove that the reason they gave for firing is false and there is evidence of their intent to discriminate. Such evidence could consist of remarks, pattern and practice etc.

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Answered on 12/04/02, 12:01 pm
Terry A. Nelson Nelson & Lawless

Re: Layoff after returning from Maternity leave

If their defense is either performance or financials', the burden is on you to prove otherwise and prove the motive was discriminatory. If you have any witness testimony or documents or other evidence showing motive, contact me if interested in discussing details and taking action.

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Answered on 12/03/02, 8:59 pm


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