I got laid off on the first day return to work from maternity leave. I am not the single out in my group, they cut somebody else too. But i found out they already gave my job to another employee in the group (a mid-40 male) long before I return. Is this kind of discrimination? My company is a public big size east coast based company and I am cover by FMLA. I know FMLA doesn't protect me from layoff if the employer plan to layoff regardless the pregnancy or maternity leave status. My question is how can the company prove that? Do I have a case here for discrimination or wrongful layoff?

Please help me out! Thanks a lot.

I got laid off on the first day return to work from maternity leave. I am not the single out in my group, they cut somebody else too. But i found out they already gave my job to another employee in the group (a mid-40 male) long before I return. Is this kind of discrimination? My company is a public big size east coast based company and I am cover by FMLA. I know FMLA doesn't protect me from layoff if the employer plan to layoff regardless the pregnancy or maternity leave status. My question is how can the company prove that? Do I have a case here for discrimination or wrongful layoff?

Please help me out! Thanks a lot.

If they would have laid you off regardless of your leave, there is little, if anything, you can do about it. If there is evidence that they chose your position for lay off, or they in fact gave your position to someone else, because you went on PDL and/or CFRA, that is unlawful. You may want to file a complaint with the DFEH who can investigate your claim and determine if there is merit...or you can always consult an attorney.