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View Full Version : Do I have any legal recourse? Georgia


laidoffinatlanta
12-06-2008, 07:10 PM
I was just laid off from my job with a major telecom company. I have worked there for 5 years with excellent performance reviews and sales results every single year. I was given notice of my layoff without explanation. I was the only person in my department laid off and I was also the only person out on maternity leave for 10 weeks this year. I feel that I was discriminated against due to my pregnancy and leave. Do I have any recourse?

panther10758
12-06-2008, 07:35 PM
How can you prove it was due to your pregnancy?

laidoffinatlanta
12-06-2008, 07:55 PM
I can't prove that it was due to pregnancy becuase they won't give me the reason that I was laid off. In GA I believe that they have the right to fire me without explanation b/c GA is a Right to work state, but without explanation I can only assume that it was b/c of pregnancy. Is there any burden of proof on my company to prove that it wasn't b/c of pregnancy? I know it wasn't poor performance b/c I met every single requirement of the job with excellent marks all along the way.

panther10758
12-06-2008, 07:58 PM
An "assumption" isnt going to wash with an state agency. Your best off just seeking new work

laidoffinatlanta
12-06-2008, 08:05 PM
I guess what I really want is to understand why it was me that was the only person in my department who was laid off. If I were to pursue legal action would it compel the company who laid me off to explain why? It seems that I am being punished for taking 10 weeks off to care for my newborn child.

panther10758
12-06-2008, 08:09 PM
What evidence do you think is going to come up to prove your assumption? They can come up with countless reasons you were laid off none will be related to your pregnancy I assure you.

laidoffinatlanta
12-06-2008, 08:10 PM
I'm sure you are right....I'm not a litigious person at all but this is just baffling to me. I get that they are allowed to lay people off whenever they want without cause it just seems a little convenient that the one who did get laid off was the only pregnant one. Thanks for the advice.

CarynG
12-06-2008, 08:50 PM
It sounds like you have three separate facts - you were laid off, no reason was given, and you took maternity leave - and have put them together and come to the conclusion that you were laid off BECAUSE of the leave. That's quite a leap. What led you to make that conclusion? Is there more to it than that?

How recently did you take your leave? Were any other employees in other areas laid off that you know of? Lots of companies are laying workers off now. Surely in 5 years at such a large company, you have known someone else who has taken maternity leave or someone who has taken FMLA leave for some other reason. What have their experiences been after coming back?

laidoffinatlanta
12-06-2008, 08:56 PM
If there's more to it then I dont know what it is and I guess they don't have to tell me. I've asked my management if I did something wrong or made someone mad and they say that the decision was made far above them so they didnt even know why. I was part of a massive company wide lay off which happened on Friday, 12,000 ppl nationwide. I know I wasn't singled out as the only one to be laid off, but I was the only one in my group and the only fact that differentiates me from the rest is that I took maternity leave and they didnt.

CarynG
12-06-2008, 10:12 PM
I'm sorry you were laid off. They don't have to tell you why you were chosen, and it is plausible that the people who told you didn't know. It's also possible that there was no reason. Someone could have simply decided that your department was overstaffed by one person and chosen you as the one to go based on your salary, hire date, alphabetic name placement, drew your name out of a hat, etc. Based on what you've said here, you don't really have a case for pregnancy discrimination. Like panther said, you're better off not worrying about it and spending that energy looking for new work (and snuggling with that baby of yours!) Good luck.

Betty3
12-07-2008, 12:39 AM
Agree, file for unemployment ins. & look for other employment. Good luck.

cbg
12-07-2008, 05:49 AM
Just FYI, right to work means you can't be forced to join a union to get work. What you mean is that Georgia (like every other state in the US except Montana and even includes Montana in some circumstances) is an employment at will state.

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