Legal Question in Medical Leave in Montana
Wrongful termination
I was terminated from my position while I was on maternity leave. My employer stated that the reason for my termination was ''work performance before maternity leave was taken'' Is this legal? Why wasn't I terminated before maternity leave was taken if that was the case?
1 Answer from Attorneys
Re: Wrongful termination
In my employment law practice, I first look to see if the employer has done something that does not make sense. If that is the case, then I would advise someone to look closer at the termination. In your case, I would say that it certainly bears closer examination. You may have rights under the federal Family and Medical Leave Act or the Pregnancy Discrimination Act. Additionally, you may have rights under state law which have been violated.
It is impossible to tell from the limited facts of your posting if any of that has occurred. However, you should contact an experienced labor and employment attorney with whom you can discuss the facts of your situation.
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