Legal Question in Employment Law in Massachusetts

Re: Laid off 9 days prior to Maternity Leave

Yes, you should pursue this. Employers often use the tactic of claiming that an employee was performing poorly as a way to cover up their discriminatory actions. The burden is on you to prove that the reason the employer gave to the MCAD for its decision to terminate you is actually a "pretext" for their true motive - gender and pregnancy discrimination. It sounds to me like you have some ammunition in that respect - your prior performance. A reasonable person looking at the circumstances of your case - i.e. that your were a strong performer right up until the time that you informed them of your pregnancy, when you suddenly became a "poor" performer - might very well decide that there is a correlation between those two latter events. You may want to consider hiring a lawyer, because that would allow you to conduct discovery prior to going to a Public Hearing in the case. During discovery, you could make the employer answer written questions under oath, ask them to give you documents which may help you prove your case, and depose some of the key people within the company.

Re: Laid off 9 days prior to Maternity Leave

The response of your employer is the same response that every employer gives when someone claims they violated the discrimination laws. Hang in there.

Re: Laid off 9 days prior to Maternity Leave

I agree with the others:

There is a strategic interplpay in litigation, and what is required is an understanding of the situation, and what the legal standards which are necessary. You need to be careful about responding to the employer's position statement to make your initial case.

Then, if you pass, there will be an opportunity to discovery information and documents from the employer,

If you believe in your position, DO NOT GIVE UP!!!