Legal Question in Medical Leave in Florida

Re: questions about maternity leave

Congratulations on the baby.

I'm sorry to hear about the layoff. Your girlfriend should apply for unemployment if she has not already. She should tell them that she did not resign, was out on leave, told the employer she intended to return, had been guaranteed her job, but was fired instead.

As for the case, it would be stronger if the doctor's office has more than 50 employees (I assume not) because then the FMLA (Family and Medical Leave Act) would apply. It guarantees job restoration.

Without it, your girlfriend has to argue breach of contract (they agreed to restore her job but reneged on the promise) and wrongful discharge (which requires getting a lawyer and filing suit), or claim pregnancy/sex discrimination.

She can file a discrimination complaint for free with the EEOC or a state or county human rights commission. There are time limits, so she should file soon if she wants to pursue the matter. The investigator will take her statement and then investigate the matter.

You could also hire an attorney to draft a demand letter and try to negotiate a settlement with the employer (return to work or severance perhaps).

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.