i've been back to work for exactly 1 mth from maternity leave and i was laid off. i wasn't laid off due to work performance, which has always been excellent based on reviews and my current job isn't going away. they actually switched me into a new position while i was on maternity leave and vocalized to my old boss, new boss and HR that i need the same flexibility i had prior to being on leave which is working from home once a week. my daughter has a medical condition that requires her to go to physical therapy and i'm a single mom. HR informed me this is not there policy and they will speak with the president. the president did not agree to this policy and instead of discussing a plan b they feel i will not be happy and decided to lay me off. is this legal? what are my rights? i really need benefits for my 5 mth old baby and i'm extremely nervous that i cannot afford to pay this with minimal severance and unemployment.

Did you qualify for FMLA?

Some clarification would help.
How long have you worked for the employer?
Before you got pregnant/went on maternity leave, did you work from home one day a week?
How was the position they changed you to different from the position you held before?

I'm a little confused about whether the change in position was in response to your request or you feel it was retaliatory.

yes, i took fmla. i had 8 weeks disability cause i had an emergency c section then i was given 12 wks of fmla which i took all of it. it's a big well known company and i took all that they were giving me.

yes, i took fmla. i had 8 weeks disability cause i had an emergency c section then i was given 12 wks of fmla which i took all of it. it's a big well known company and i took all that they were giving me.

So you were gone a total of 20 weeks?

I was out for a total of 20 weeks. I worked for the company for 2 yrs and 4 months. Before I got pregnant I worked from home once in a while but not every week. While I was pregnant I got a new boss who told me if I want I can work from home whenever I want. Other team members were also given this option and used it. I chose to work from home one day a week since most of my work is done online due to the fact that I had a high risk pregnancy and this really helped me out.

The following is a long story:

While I was pregnant, I was promoted to a manager but they gave me the excuse it was a lateral move so they didn’t have to give me much more money. They did give me a minimal salary increase, a bonus and my review was excellent. The position they changed me to when I came back to work was the same title/job before I became a manager which was a planner but for a different division. When I asked if this was a demotion, I was told no and it was a comparable job. They said both of these positions are at the same level. The thing is most people at the planner level are not managers. They get promoted to managers. They just felt this would be a better position with more growth opportunity. I wasn’t thrilled about it because I knew the flexibility would not be there and I still needed to work from home once a week to take my child to physical therapy. I worked out of state and to go to therapy then commute to work would waste half a day. From home, I was able to put in a full day. The only reason I agreed to switch was because I thought they were eliminating my manager job. While on maternity leave, they gave me that impression but I voiced that if my current job wasn’t being eliminated I did not want to switch to a new position. While on maternity leave, they basically made the decision for me. The day I came back to work, I asked my old boss if my job was still available. He said yes and would love to have me continue in the position. When I voiced this to my new boss, I was called into HR and they told me my manager job had been eliminated and they split it into 3 lower level positions and to keep this job I would get a demotion. I asked how come my position was eliminated and not the other manager. They said his job evolved. I said my job would have evolved if I was not out on leave. They could not argue this. They said they made the decision while I was out but I don’t believe that to be the case. I also mentioned how unprofessional it was to hear my job changed via e-mail while on leave and no one could tell me why. I was getting different stories from my old boss and new boss.

Also, prior to me coming back to work my old boss said I can continue to work from home as long as I needed. When I found out about the job change I mentioned this to my new boss and she granted me this for 2-3 months and if I needed it longer we can talk about it. The day I came back to work, my new boss said it should be kept quiet otherwise they will deduct my pay. When I was called into HR, I informed them that I needed the flexibility that my old job gave me and therefore, my new job is not comparable. They said working from home is not the standard policy. Which is fine, but I need it for a medical purpose. I week later, they decided not to give me this flexibility and said they thought I would be unhappy with the job and decided to lay me off. My new boss said it in the meeting, it had nothing to do with work performance and if I said I really wanted the job, they would consider giving it back to me. I will not beg for a job in a company that doesn’t want me even if I need it. Also, she made it very clear to HR that I did not show I was unhappy with the job to any of my peers and did an excellent job and she was very excited to have me on board. Also, the planner job is not going away and with approval will be hiring for the position.

I know this is retaliatory for being vocal to my bossed and HR about the way I was mislead and lack of communication or miscommunication I was given. I had an excellent work reputation within the company. Many directors and VP's offered me open positions in the last 2 years and my reviews speak for themselves.

I know this is retaliatory for being vocal to my bossed and HR about the way I was mislead and lack of communication or miscommunication I was given. Here's the deal: that kind of retaliation is not illegal.

IF you were retaliated against because of your pregnancy and/or maternity leave, that would be illegal. IF you were retaliated against for using FMLA, that would be illegal.

Your situation is muddy. You may have a viable argument that there was illegal retaliation, but I think it is far from clear. Your employer may have a viable argument that there was no illegal activity, you were simply let go because they didn't want to bicker with you over your position and working from home. That's probably a pretty strong position.

I know I sound like a broken record, but I suggest you seek a consultation with an experienced employment law attorney. That is the best way for you to get accurate information and legal advice based specifically on your fact situation.

Thank you for your honesty. I agree it is a muddy situation. I guess HR may have considered it bickering but they called me into the office and I explained my side of the story and timeline of facts. Basically, my job was eliminated because I was not there to evolve it like the other manager did. When I said this to my old boss, he said he could not disagree with that. I know it cannot be proven as fact. Also, if my child has a medical condition that requires me to go to the doctor weekly, how can this be used against me? I mentioned I would provide a note, that I’m a single parent and every project I was given to work on from home was completed for the following morning. Also, I hired a babysitter to sit with the baby while I worked.

You've already used all the protected time available to you. They do not have to allow you additional time to take your child to the doctor. They do not have to allow you to work from home.

Sorry, file for UI & look for other employment.