Legal Question in Employment Law in New York
Termination After Return From Maternity Leave
Is it legal to terminate my job for elimination of position, but continue to employ one person in the position?? I have worked for this company for 3+ years and I returned for 1 week after 12 weeks of unpaid maternity leave, then was told that the position was being eliminated. But, there are still people in the same position at this time maybe waiting for termination except the one woman they plan to keep.
2 Answers from Attorneys
Re: Termination After Return From Maternity Leave
While it's legal to eliminate your position either for economic reasons or because they weren't happy with your job performance they cannot fire you if they are doing so because you have a new child or because they fear that motherhood will interfere with your work duties. In other words, it depends...
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Re: Termination After Return From Maternity Leave
It is illegal to discriminate against a woman for maternity or pregnancy; your question, aside from that portion , is somewhat ambiguous.
Was your "job description" eliminated? Is that what you were told, and then found people still working in tyhe position?
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