Legal Question in Employment Law in New York

I believe that I was just wrongfully terminated from my job. I went out on maternity leave from February through the end of March. When I returned to work, I was having some issues with childcare and believed that I needed to leave my position since I could not find affordable and reliable childcare and needed different hours. At this time my boss tried to tell me that I had 30 days to find a job. This was in early May. She was informed by her higher ups that she could not do that. And my childcare situation was resolved and I decided to stay. But when those 30 days were up, I was written up. This was dated June 3rd. At that time I suspected what she was going to do and started to look for another job again.I had an interview that went well, and I had a 2nd interview lined up for this week. But yesterday I was pulled into her office and terminated. Which means that my 2nd interview within the University, but with a different department, was canceled. The woman that wished to bring me in for the 2nd interview called HR to see what could be done and was told that per University policy, she cannot hire me now that I have been terminated. I just lost all of my benefits and nearly 3 years with the same employer. Can I file a lawsuit?

Asked on 6/29/10, 10:16 am

2 Answers from Attorneys

Deborah Skanadore Reisdorph Skanadore Reisdorph Law Offices

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You have identified some serious issues with the way your employer has treated you after your maternity leave. You should not have been terminated, but the key is to determine whether the termination was related to your new child status and your maternity leave. The fact that your supervisor was a woman is an interesting twist. I am currently involved in a lawsuit against a university in New York. Do no wait very long to get competent legal advice about what to do. There are Family Medical Leave Act issues and potential violations of the Human Rights Act that are apparent. Please seek out an employment law attorney in your area. Most give consultations without cost, or minimal cost.

Success is your sweetest revenge!

Answered on 6/29/10, 9:51 pm

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