My wife was terminated while on maternity leave, she was a good employee but the boss kept calling her while she was on maternity leave, she stopped taking his calls after a while so he fired her....is this even legal?
2006-08-15 09:03:27 · 14 answers · asked by Joey W 3 in Business & Finance ➔ Careers & Employment
Nope. FMLA states you can go after her boss for wrongful firing.
Unless of course, she went over the allowed number of weeks off.
The boss is an ***, and I wouldn't bother working for him, and advise all those who do apply for that job to know that he doesn't follow job guidelines.
You could always of course, get a bunch of mothers out there and get them to protest outside of his business, saying he fired a working mother on FMLA...
That usually gets him to give in.
Of course, I didn't check it, but that's what I think is what happens.
2006-08-15 09:10:47 · answer #1 · answered by raginite 2 · 1⤊ 0⤋
Absolutely NOT legal to terminate a woman if she is on maternity leave.
Not sure what country you are from but check with the labour board.
You have a legitimate case and will have money coming your way.
Just wondering what was he calling about all the time?
2006-08-15 09:19:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It depends on the state. In some states you don't need any reason at all to fire an employee. If she was fired specifically for being on maternity leave, it may be a discrimination issue.
My advice to you, call a lawyer. You may have a suit.
2006-08-15 09:13:08 · answer #3 · answered by TJS 2 · 0⤊ 0⤋
It is not legal for the boss to terminate her b/c of maternity leave. Rather, if your wife failed to respond to the boss, this opens it up to questioning. This is a rather ambiguous question as it is more of a legal issue. He may have fired her b/c she failed to allow contact, but it also depends on the companies terms of maternity leave.
(Terminating someone due to maternity leave is sexist)
2006-08-15 09:11:44 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You can have a huge lawsuit.... If she was still in the middle of her maternity leave (one that was recommended by her OB/GYN), that is HER time and I'm pretty sure she could've even taken more than the recommended leave. Check out the laws in your state for this kind of thing. FMLA is definately something you need to read up on. Other than that, congrats on the big chunk of settlement money you're about to get.
2006-08-15 09:16:17 · answer #5 · answered by KC 2 · 0⤊ 0⤋
The laws are kind of sketchy here but the rule of thumb is that if the firm has more than 15 employees then they can't let you go just for getting pregnant. Check out the link: http://www.matrixcos.com/resources/maternity.html
If I were you and your wife I wouldn't consider going back to work but I might consider a "wrongful termination lawsuit". A disability attorney can help you with that.
Best of luck to you both.
Slainte,
-D
2006-08-15 09:12:32 · answer #6 · answered by chicagodan1974 4 · 0⤊ 0⤋
no that is not legal. you and your wife need to contact a lawyer and sue for discrimination against pregnant women. the law states that an employer doesn't have to pay them while on maternity leave but does have to give them their job back when they return to work. unless he was calling about the baby he should not have been bothering her at home .if she contacted him to return to work,and he was unavailable then he had a right to call.
2006-08-15 09:19:12 · answer #7 · answered by melissa p 1 · 0⤊ 0⤋
get a employee rights attorney now. they can terminate someone if they take more time in there leave of absence then they are allowed. Once you go on a leave of absence you have nothing to do with your work.
good luck you have a good case here.
2006-08-15 09:12:00 · answer #8 · answered by sarah a 2 · 0⤊ 0⤋
Check your state employment laws. The Department of Labor probably has answers for you. It may depend on the size of the company: larger companies tend to have stricter rules applied to them.
2006-08-15 09:11:23 · answer #9 · answered by Julester 1 · 0⤊ 0⤋
NOPE IF YOUR WIFE WANT TO SUE SHE COULD MAYBE WIN THE CASE THAT IS NOT FARE FOR YOU AND YOUR WIFE TALK TO A GOOD LAW-EL AND DEFEND YOUR RIGHT AT LEAST IN WORK THE WOMEN I BELIEVE SHE HAS ABOUT 1 TO A MONTH AND 1/2
2006-08-15 09:13:16 · answer #10 · answered by juanita2_2000 7 · 0⤊ 0⤋