Legal Question in Employment Law in Virginia

Lay-Off before returning from Maternity leave?

I was notified that I have been laid off from my job this week. I still have 1 week of my maternity leave/disability left. The reason given was that the company has decided to change the position from a part time to a full time position (which I was willing to accept) and from an Environmental Specialist to an Environmental Engineer (requiring an engineering degree - which I do not have). Is this wrongful dismissal?


Asked on 3/13/05, 12:31 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Lay-Off before returning from Maternity leave?

No, I would think that what you've described is in all likelihood not a "wrongful dismissal" under the laws of the Commonwealth, which is a so-called right to work jurisdiction where employers have most of the rights and where employees usually end up on the short end of matters whenever there is a contest between the two.

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Answered on 3/15/05, 9:57 am


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