Got Laid off After Returned from Maternity Leave

California is an "at-will" state. Which means they can fire you for any reason as long as it doesn't violate federal law.
I don't think it's fair, but I don't think you have a case. Also, I am not a lawyer, so maybe I am wrong!
You really only worked for them for a year and a half and then 5 months of maternity leave *which is REALLY long in the US*
Sorry....this sucks...but I think you just need to look for a new job and not jump on the sue happy truck.

Your husband is right... you can sue. I can also sue you. One of the other posters can sue me. Doesn’t mean anyone will win.

You’re in an at will state, unless you can PROVE the reason you were let go is because of discrimination of a protected class, you’re wasting time you could put into finding a new job. By the way, “just came back from maternity leave” is not a protected class, and if it were, you’d have to prove that’s WHY. They can say we just don’t need someone performing that task anymore, someone else absorbed that position, etc.

In the future, just because a 5 month leave is “legal” and “approved”, it doesn’t make it a good idea. It gives a company 5 months to realize they can get the job done without you there.

Sounds like you had a jerk boss anyways, find a better fit, get excited about a change, and enjoy that new baby!

K.,

I'm finding issues with your story. In May 2018 (not even a year ago) you asked a question about an interview and telling them you were pregnant. That's not even nine months, so how does this add up to 2 years? OR...to give you an "OUT" were you interviewing for a new job and stayed with the old one?? That would make sense....and give you an "out" so it doesn't look like you're lying or misleading people.

You have NOTHING to sue them over. You returned to work and worked. I know California has lawyers ready to sue for a hang nail, but you don't have a case. You were gone five months and he proved he didn't need you because you were gone so long. That's not THEIR problem - it is YOUR problem.

Apply for the position with "Natalee" and see happens then. If they don't hire you back there? You might have a case. Who knows - they may have already filled the slot.

You chose to stay with this boss. Did you let HR know there were issues prior to your leaving for maternity leave? If not, you "suffered in silence" and didn't let anyone know what was going on. Again that's on YOU. I'm not sure how you have a case to sue. It wasn't about your pregnancy. You came back to work. They didn't let you go the day you came back....you worked. You were NOT busy during those two weeks. You asked for work. Hence proving their point, not yours.

You have two choices - apply for the position with Natalee or move on and find another job. My suggestion is find another job,

I'm with Jennifer T. and Margie G. While it appears (based only on information from your perspective) that your boss did not treat you well, there's little solid evidence that you were fired due to taking maternity leave. If you really want to continue working for this company, see whether 'Natalee' still has that position open. However, you might think long and hard about whether you want to work at a company which does not rein in someone who apparently behaves unfairly like your boss. Maybe this dismissal is a blessing in disguise, an opportunity to find a more congenial workplace? In the future, Jennifer makes a good point about taking longer-than-typical leave for family matters. While the US has really family-unfriendly practices compared to many other societies, the fact is that standard family leave is 3 months. Being gone for longer than that time sets you (or your position) up for seeming unnecessary and vulnerable to exactly what happened. They didn't need you for five months, so they decided they could just cut it. In any case, it is unfortunate that this happened, and it seems like you might be best served by not staying tied to the situation any further (such as through legal action).

from the sound of it you're going to have a hard time proving that your release had anything to do with your pregnancy. in fact, it sounds as if you didn't like your boss and are looking for a reason to sue over your dismissal, which seems to have followed protocol.

you can always sue, but you can't always win. is it worth it to you to hire a lawyer on such a flimsy foundation?

getting laid off is not necessarily disrespect, even if it happens in close proximity to pregnancy leave. your premise presupposes that all pregnant women and new mothers are great employees. there are lots of reasons other than babies for women to lose to their jobs.

i suggest you put your time and energy into finding a job that's a better fit.

khairete
S.

I think you’d have a case if you had worked for 2 years, told them you were pregnant and then got fired. But they kept you on during maternity leave. Then you’re back but they don’t want or need you. I would think they considered the legal ramifications already and found there are none. You’re not pregnant so how can you claim bias? You’re the same as any other working mother at this point. I’d focus on finding another job. And I’d try to see if there was something I did or didn’t do to make my boss dislike me so much.

California is at at will employment state, there won’t be any lawsuit

Two years? You were interviewing for this job in May of last year and wondering if you should even mention your pregnancy.
Maybe you were let go for lack of honesty.

I came back from leave once, and wasn't given my old position but a comparable position which I believe was legal. I didn't like the position as it was unsuitable. However, in the end it lead to far greater things for me - but I did end up leaving the company when a position elsewhere presented itself. So this could be a good thing (opportunity) for you since you had looked elsewhere (from previous posts).

As to being able to sue, that's hard to say. They did have a position for you upon your return but appeared to not have any work for you. I don't really get that. It seems like they'd (he'd) hoped you would quit or something - by not allowing you to switch to the other team or having anything for you to do. I would talk to someone in the know - contact the organization others have mentioned. I think the HR department at your company would have checked into all this to cover themselves, so doubtful you'd have a case, but you never know.

Slimey for sure, and I don't think employers tend to be good to returning moms (not from my experience) in many cases. They say they will be but it's not always the case. It depends on your experience and how much they want you. Maybe they caught wind of you applying elsewhere (very easy to hear about in small industries etc.). Gossip happens. Anyhow, best to you - I think you'll find something now and just concentrate your efforts on moving forward. If you do look into it, don't let it take over your thinking - because it will get in the way of finding something that will suit you and your family's needs.

Best of luck and I'm sure you'll find the right fit :) Congratulations on your new baby!

The only way to know if you have a case is to talk to a lawyer but if your position was truly phased out and you were not replaced it might be hard to prove wrongful termination.

I had this happen to me 15 years ago after my daughter was born. I went out on early maternity leave due to complications and came back to work after 2 months of my daughter was born. I went back with restrictions until the doctor could run some tests. My job deceived they didn’t want to deal with the restrictions and forced me to commute to a location that was almost an hour and a half away. The location I worked at prior to going on leave was 3 miles from my house. When I asked for a transfer to a closer location I was told if you don’t work in this store then you don’t have a job. I said fine then I guess I don’t have a job since the commute is just too long. I contacted the EEOC and filed a complaint against the company. The company wound up giving me a large settlement since what they did was wrong. I also had worked for the company for 8 years. It was a long process but the EEOC did help me out with it. They also had made sure that the company put it in their HR file that if anyone called about my employment with the company they weren’t able to say anything but verify my work history. That if they gave any derogatory information they were in contempt of the agreement and I could open another lawsuit against them for deformation of character and for violating a contract. Hope this info helps you. It can’t hurt to reach out to the EEOC. They would be able to guide you best.

Where you fired because you took Maternity leave? If so you may have a case.

Are you part of a protected class? Being a new Mom is not a protected class so not sure if EEOC can help with anything there.

California is an at will state for employment meaning whoever you work for can fire you without giving you an reason. Your employment is at the will of the company you work for.

Check your severance package that you accepted you may have given up any rights to sue

All the other stuff is just office politics.

Not knowing all the facts in your case, I can't say whether you'd win or not if you sued.

Contact EEOC and an employment attorney. You can prevail on an EEOC claim if you were let go because you're a member of a protected class -- race, ethnicity, religion, sex, etc. An employment lawyer will help you if you have a case based on this or other issues.

Added: Just want to add here that you DO NOT have to tell a company that you are pregnant. It is NOT dishonest as a poster asserted. It is YOUR choice. And HR could have told you that you needed to come back earlier. This is not your fault.

Original:
Can you go to Natalee and ask her for a job now?

Updated

Can you go to Natalee and ask her for a job now?

You could contact the EEOC and you could contact an employment attorney.
Anyone can sue but honestly I'm not sure you have a case. What grounds? What laws did they violate?

Perhaps he realized that with you gone as long as you were gone the position you held was not necessary and they consolidated. Who knows. You have no proof that they laid you off for any other reason than restructure. That said, it might help you feel better talking to an attorney.

You mention the minimum severance package. Well you were with the company only two years. So I'm not sure how much of a severance you would think you are entitled to.

Good luck!!!

Updated

You could contact the EEOC and you could contact an employment attorney.
Anyone can sue but honestly I'm not sure you have a case. What grounds? What laws did they violate?

Perhaps he realized that with you gone as long as you were gone the position you held was not necessary and they consolidated. Who knows. You have no proof that they laid you off for any other reason than restructure. That said, it might help you feel better talking to an attorney.

You mention the minimum severance package. Well you were with the company only two years. So I'm not sure how much of a severance you would think you are entitled to.

Good luck!!!

Ugh. What a situation.

You could call the EEOC or your state's commission against discrimination, but it may be hard to show that this was related to maternity leave.

I would suggest you contact an employment lawyer. If you don't know one, contact other lawyers you know (real estate, family, litigation, anything) and ask for referrals.Gather your data (emails, etc.) and also write up a timeline and what types of conversations you had with whom. Show that to the lawyer and see if you have a case. The consultation should be free, and the lawyer will bill you if he/she takes your case.

My husband was caught in some nonsense some years ago, and he put everything together. He sent packages to the CEO and HR director, but the deciding factor was an employment lawyer finding some things in his performance review package that didn't justify the dismissal and the taking of his bonus. He got a very nice settlement, about 18 times greater than the legal fee.

If you were laid off as part of a group - other were laid off too - then there's not much you can do.
Company I worked for did this all the time.
50 people at a time, general 'restructuring', etc.
The best excuse I ever heard was the company was going to a %70 percent 'low cost center' structure - which meant they were firing people in the US and replacing them with people in India (I got 8 weeks notice due to my seniority and got to train my replacement by phone for that 8 weeks).
The only person I knew who won his case was someone who was literally 2 weeks away from retirement when he was laid off - he got his full pension.

If you are in the US, 5 months maternity leave is unusual - it's usually anywhere from 6 to 12 weeks.
Being gone from the company for almost 6 months means they learned they didn't need your position or if they were forced to restructure you were an easy write off since you had a lot less face time at the office while you were gone.
They should probably offer you a similar job (there's no guarantee your prior job will be waiting for you when you get back from leave) but then a lot of people would be so angry that working for that same company would be difficult.

Talk it over with a lawyer and figure out what you want and if it's worth fighting for.
In the mean time you will need to buff up your resume and look for other work in case your lawsuit doesn't pan out.

Employment law is by no means my area of expertise, but do be aware that there are statutes of limitations involved. If you choose to pursue a charge against your former employer, you should do so quickly. Some claims come with a statute of limitations as short as 180 days. Good luck!