Legal Question in Medical Leave in New York

I went on disability before the bith of my baby. My company does not have a maternity leave policy, but I qualified under the FMLA act for 12 wks of unpaid leave. I have been in contact with my firm throughout my leave and even visited the office twice. I was supposed to come back to work on monday, but the friday night I received a call from my company saying that I shouldnt come in. The following Tuesday, I was let go. The reason they gave, was that they lost a client. But I was the only employee who was let go. Before I went out on leave, my boss told me that I would be taken back. I am not sure if this is legal and I am looking for advice. They are offering me 4 weeks pay in severence, but with the economy, it is not easy to find a job and they are basically giving me 1 month to do just that. Should I just take the money and forget about it, or pursue it legally?


Asked on 11/06/09, 1:53 pm

2 Answers from Attorneys
Locksley Wade Law Office of Locksley O. Wade

This is a tough economic decision that may depend on whether you can bear the burden of litigating against your employer and the likely result. I would suggest that before you sign any severance agreement, you discuss your options in detail with an attorney.

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Answered on 11/15/09, 8:26 am
Paula McGill Attorney at Law

I agree with the prior answer, you should contact an attorney to determine if have a claim. If you want to forgo an attorney, you should contact the Department of Labor for the potential FMLA violation. (www.dol.gov). At the same time, there may be a possibility that there is also a sex discrimination claim under Title VII under federal law. (www.eeoc.org). These websites will provide important information.

(Also licensed in New York, and practicing in Nassau County)

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Answered on 11/15/09, 4:35 pm


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