Legal Question in Employment Law in New Jersey

Laid off while on FMLA

Hi,

I am on maternity leave and due to go back 5/26/09. I just got a call telling me I was being laid off for not meeting work expectations. I only worked in that dept for 1 month (never got negative feedback) and was 8.5 months pregnant. I could not pick up heavy objects and was very ill towards the end. Is this legal?


Asked on 5/01/09, 10:24 am

2 Answers from Attorneys
Jack Sanders Piro, Zinna, Cifelli, Paris & Genitempo

Re: Laid off while on FMLA

This reeks of discrimination! I am an employment law attorney in New Jersey that handles these kind of cases. You need to talk to an attorney right away. Send me an email so we can talk today.

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Answered on 5/01/09, 10:26 am
Locksley Wade Law Office of Locksley O. Wade

Re: Laid off while on FMLA

Pregnancy is not an excuse to terminate an employee. Thus, the situation you describe appears to be a violation of the Pregnancy Act and the New Jersey Laws against discrimination. Perhaps you may want to contact the EEOC or the Civil Rights of the NJ Attorney General's Office for further guideline. They are extremely helpful albeit sometimes too slow. You can file a complaint on your own or you can through the guidance of an attorney. Best wishes.

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Answered on 5/01/09, 11:40 am


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