My wife is currently in maternity leave, she is due for work within 1 week from now. & just two weeks prior she received notice from colleagues that the hospital that she works at, was reducing and laying off employees and that she was one of them. She was called two days later by the new director to come in for a meeting. She was mentioned that her full time job was reduce to a part time due to layoffs. She has more seniority than others that remain in the same status, and other part timers and Per diems that also remain the same. Does my wife have a case here? Isnt she suppose to be protected by the law, having that she has a new born baby, and that maybe other people could have been laid off? Was this a correct way of them handling this? Can some body please let me know what or how to proceed with this.

Was your wife out on FMLA leave which allows up to 12 weeks of unpd. job protected leave?

If so, she needs to be returned to the same position or to a position equal in pay, benefits, etc. However, she can be reduced to part-time as long as she would have been reduced to part-time had she not been on FMLA leave. It seems there were layoffs & employees changed to part-time at the hospital. However, if she believes she is being changed to part-time JUST because of taking FMLA leave, she can put in a complaint with the federal DOL.

The employer doesn't have to lay off or reduce the schedule of other employees because she had a baby. Being on FMLA, assuming she was on FMLA, only levels the field, it does not offer her any special consideration.

Im Not Familiar With The Fmla, She Did Have An Insurance That Paid A Percentage For A Short Time And Thats All. I Know That Just Because She Had The Baby Does Not Influence Her Keeping The Position Or Give Her More Consideration. However, I Was Under The Impression That Her Seniority And Her Being A Full Time Before Maternity Leave, Would Have Given Her More Consideration Than Others Who Are Currently Part Time And Per Diem, Or Just Recently Hired. I Also Question The Way She Was Notified By Others And Days Later The New Director Called Her In To Inform Her Of The Changes. If I Do Have A Case, Can Somebody Recommend Me A Lawyer In The City Of Miami. By The Way Thanks For The Information And Quick Response.

Please do not capitalize every word. It make it very hard to read.

Unless the criteria that was used for determining layoffs and reductions was seniority and status, no, there is nothing that says the employer must allow those who are FT and have been there the longest to stay. In fact, it isn't unusual to convert to more PT and perdiem employees in the health care setting.

I think the capitalization thing may be a forum tool that converts all caps to the (IMO) equally hard to read but at least not screaming Every Word Capitalized.

If I Do Have A Case, Can Somebody Recommend Me A Lawyer In The City Of Miami. Just to pick a nit, if there is a case to be had, it is your wife's case, not your case. You don't have a case no matter what.

Unless your wife has evidence of discrimination that you haven't shared, I don't think she has a wrongful termination case for this.

Based on the info in your 9:59pm post, I don't see where the employer did anything illegal. Sorry.

And the rules of the forum do not allow referrals to specific attorneys.

Your wife was not laid off she had her hours reduced,is the seniority system used under past practice? That is when lay offs where done previously where they done according to seniority? Also your wife should file for unemployment benefits if she had a substantial reduction in hours.
JoeC

The only people your wife can gauge herself against are others in the exact same job as she has. Also, the hospital can use many factors in determining who to reduce and let go (seniority, performance, need-based based upon business, directed cutbacks, etc, etc). Past practice can play a part. Her pregnancy will not prevent the hospital from making business decisions as long as they cannot be shown to have been made with clear discrimination towards her.