Hello!
I have been doing some research for my situation, and have read through this forum. It's been very helpful, but I'm looking for help specific to my situation.

I had been working for a major global investment bank in NYC for 2 yrs. I went on maternity leave last summer; the organization sought and retained a temporary independent contractor to backfill my position while I was gone. Upon my return last fall, instead of being dismissed, the consultant's contract was extended through to the end of 2009 -- effectively, we were now BOTH doing my job. The contract was extended under the pretense of "reverse transition" back to me.

This past week, I had been laid off, being told that my position was being eliminated. However, the contractor is still there -- doing what was my job.

I feel I had been wronged, but would like confirmation. I feel strongly that once I went on maternity leave, the firm effectively replaced me with the consultant and waited until I returned to lay me off. If I did NOT have the baby, the contractor would not have been there, and therefore, I would still have my position today. If my position was "eliminated", how is it that the contractor is still there, continuing with my position?

"Your position has been eliminated" does not mean that no one is going to be performing your duties any more. It means that head count is being reduced and there are now going to be fewer people doing the same duties.

How long ago did you return from maternity leave?

Oh. Thank you for the clarification.

I returned from maternity leave the first week of Nov-2008. So I've had to share my job with my backfill for almost 3 mos. Because of him still being there even after I had returned, I had the distinct feeling of a gun being put to my head...and they finally decided to pull the trigger.

It has not been pleasant. :rolleyes:

Hi -
I have a few more follow-up questions; thank you in advance for your continued help.


* Is it possible for me to negotiate a higher severance package? Can I call up the firm's HR, let them know of the circumstances (high-rated employee, backfill took over position, etc)
* If it's possible, do I need a lawyer to help with the negotiation, or do can I pursure negotiations on my own?
* Do I have the right to ask for the official list of reasons why my position was eliminated (versus someone else's)? i.e. Because I was a top performer (high performance ratings), I am interested to know what exactly triggered my role to be eliminated versus others (lower ratings) in the organization whose jobs were not eliminated? Of course, in my POV, I feel the only reason I was laid off versus the others is that they had a cheaper alternative who was already trained to perform my job.

(Side note: due to recent mergers/org changes in that financial services firm, consultants were being paid from a separate budget than full-time employees. Hence, laying me off would be considered a safe "savings" b/c the consultant's fees are not being paid for by my mgmt's P&L budget)

Thanks again.

You can ask for a higher severance but nothing requires the compnay to offer any severance. If you wish to retain an attorney, you can but I dont know if that will make a difference.

You can ask for details of why you were chosen but you cant expect the company to reveal details and inforamtion about other employees which may have played a role in the decision to keep someone or lay them off.

How many other people were laid off at the same time?

in my department: 4 folks
across the global firm: 100+

i suppose the fact that it was a layoff "wave" worsens my case? is it possible to say that they took the coming layoff as an opportunity to get rid of the new mom? :o

i've decided to meet with a private attorney; just a consultation so far regarding my situation. he seems to think my being replaced by the backfill consultant may be unlawful and worth exploring. i'm meeting him later this week.

does anyone have any advice on what i should expect, fees-wise? the consultation fee is already rather hefty. should the fees structure be based solely on whether i reach a settlement with the firm?

The fee structure will depend on the specific firm.