Legal Question in Employment Law in New York

Hello,

I was on maternity leave and requested my employer to give me a few months of extra unpaid leave of absence due to health reasons. They instead said that they are eliminating my position due to "lack of work" and "change in business direction". They are asking me to sign a "mutual separation" agreement with some severance pay. I have 4 questions:

1) It it legal - for them to terminate my job? Do I have any rights and can I file a claim against it?

2) How much should the severance be?

3) If they say it is a mutual separation (although the letter of termination just calls it "agreement and general release") - I want to make sure I will be eligible for unemployment benefits.

Thank you


Asked on 2/02/11, 7:21 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

My answer to your question based on the limited facts provided. They can terminate you because you are unable to return to work after an absence (maternity leave). Perhaps you may want to try for a temporary disability given your health reasons. Severance pay is at the employers discretion. Severance pay has no effect on your eligibility for unemployment insurance benefits.You may, however, not be eligible for unemployment simply because you are not ready, willing and able to work. Finally, you may . . .(repeat) may . . . have a claim for discrimination under the Pregnancy Act; however, this you must discuss in a face-to-face interview with a employment law attorney.

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Answered on 2/02/11, 4:25 pm


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