Job not secure after having a baby?!?

Question

I recently had my 1st baby dec 4th. I was to return to work Jan18th and i did just that. But when i went in they told me that the boss was on vacation and that she needed a Dr's note releasing me back to work,and to meet to discuss hours! I got the note the next day and just had my meeting with the boss yesterday!! She told me that i wasn't needed there anymore and that she didn't think i was happy with the job?!?! Later on last night a friend of mine that works there told me that the girl the hired to replace me when i was gone was told that her hours were secure?! So this to me means that my boss knew back in Nov that they were't giving me my job back and didn't say anything till now!!!! Isn't there some kinda law against this?!

I was out from the 12th of Nov and like i said i was supposed to return the 18th! Def. less then 12 weeks!!! I live in NY

Answer 1

Your employer may be wrong. You need to go see an employment law attorney. Your first consultation should be free. You may have to pay a small attorney fee, but if you win the case, you can have your attorney seek his compensation from your former employer.

It is worth discussing your options with your attorney.

Answer 2

When a replacement was hired for you they should have been told it was a temporary job (until you returned, and that you had 3 months in which you were allowed to take time off for having a baby). I don't know what the boss told that girl and it's dangerous (plus confusing) to speculate on that. It doesn't matter whether you were happy or not with your job, that was "your' job. However you might live in a state that has "work at will laws" and therefore the laws conflict with one another. Work at will means they can let you go at any time, for any reason, and after you bring your papers from the doctor to show to them. So maybe you got caught up in that. You should ask an attorney whose specialty is "employment", even if you have to hire him for 1/2 hour. I think you have a case, but he/she will tell you that for sure.

Answer 3

Yes, its called the Family Medical Leave Act (FMLA). If your employer has more than 50 employees within a 75 mile radius then they are subject to the law. The law basically states that you can take up to 12 weeks leave without pay and when you return you must get your job, or a job at the same level, back. There are some exceptions (if you are in the top 10% wage earners at your company for example). Search FMLA and you'll find a ton of sites.

Answer 4

Yep, I believe there is a law, it may be under the Family Medical Leave Act (FMLA which applies to businesses over 50 employees) or anti-discrimination. Try looking under the Federal Department of Labor website. Your employer can require a release to return to work from your doctor I believe, but they HAVE to hold your job for you if you indicated you would be returning to work. You could start by contacting the personnel department if they have one. If not, you might try going to your local department of labor office. Believe me, when you file for unemployment they will do research into it too, especially when you tell them you wanted to go back to work!
One the flip side, you will be able to get unemployment probably and that will give you a little more time with your new child.

Answer 5

I don't know but you can't sue someone over hear say so with that if I was you I would talk to a lawyer because they asked for a note then after getting them what they needed they fired you. With my position I had I worked a factory job and got hurt at work and they didn't want to pay me workers comp and I got me a lawyer and sued them now you should find you a lawyer and ask them is there anything that you can do because your job should have been secure for you to leave and have your baby and return back to your position.GOOD LUCK

Answer 6

The employer has violated the Family Leave disability act and you are entitled to taking time off for having a family and although you may not have the same exact job but the pay and hours are required to be the same. get ahold of the eeoc in your area or the employment office and file a grievance against your employer for your job back. It's really crappy they didn't let you know this in Dec.
Jerks.

Answer 7

I If you took a maternity leave, they they are required to give you your job back. That's the point of a leave, so your job is there when you come back. There are laws about this too. I would talk with a lawyer and see what they can do. Maybe you can even get some money out of the deal.

Answer 8

Yes, there is a law against that. You may be able to get a free consultation with an attorney who specializes in empolyment discrimination. In the mean time, you may be eligible to apply for unemployment since it was not your choice to leave. An attorney could best point you in the right direction. Good luck.

Answer 9

I'm with most of the responders that you had 12 weeks of leave and you're supposed to be guaranteed the same or equal job upon your return...One thing that I haven't seen mentioned though is whether or not you had had good annual reviews up to that point??? They said YOU were unhappy not them...but if you have your job performance on paper in the form of good reviews, these will help your case...

Answer 10

It depends how long you had off....if the total times was more than 12 weeks....yes they have every legal right to do that to you, even though it's completely horrible! Now, if you had less than 12 weeks off....they HAVE to hold your job and salary position for you and you could sue them. So, figure out the time frame and then decide on your best option. I am sorry though, that is so horrible to do to a person!