Legal Question in Employment Law in Florida
wrongful termination and fmla
The company I work for has informed me I am being terminated due to downsizing/restructuring. My last day is the same day I was to start Maternity Leave. My question is how can they due this and not pay me servernace, when other employees who were terminted due to downsizing did recieve serverance? Also, due to downsizing, I am training someone to fill my position and the job duties related. I was informed of this about 30 days ago, I am just now finding out about no serverance and so on. The company has also informed me to file for unemployment. I cannot legally due this since I am 9 months prregnant and cannot work for at least 6 weeks. What am I to do? Is this a case of wrongful termination and discrimination?
Thank you
2 Answers from Attorneys
Re: wrongful termination and fmla
It is difficult to know, based on the facts you have provided, if this is a case of discrimination. It is a violation of the law to terminate an employee just because they are going to take maternity leave. Pregnancy discrimination is considered gender or sex discrination. That you are training someone to take your position seems to indicate your position is not being eliminated. You may want to discuss this matter in more detail with an employment lawyer. The EEOC website at www.eeoc.gov may also provide you with a general overview of the issues you face. Feel free to call me.
Re: wrongful termination and fmla
Sure looks like pregnancy discrmination to me. Harder to say whether its an FMLA case. We would need more facts. We cannot provide legal advice online and so our opinion is merely preliminary. You should consult counsel immediately.
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