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Laid-Off while on Paternity Leave California

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  • Laid-Off while on Paternity Leave California

    I was recently laid-off while on paternity leave. If the only other employees laid-off in our division were on paternity leave is that grounds for legal action? I asked to find out how they decided who they were going to lay-off, but they did not really give me a concrete answer as to how they decided who got laid-off and who remained at the company.

  • #2
    Were the "only" other employees laid off on paternity leave?

    Did you qualify for FMLA or CFRA? (However, they don't protect you from lay off if you would have been laid off anyway.)

    Please verify that you are talking about paternity leave & not maternity leave.
    Last edited by Betty3; 03-19-2009, 01:13 PM.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Yes I did qualify for FMLA as my wife and I had a baby. I was on Paternity leave. I am not certain that the only people that were laid off were on paternity leave I need to talk with some other co-workers to see what other employees were affected. In total 69 people were laid off, but only 16 were from our office and of the 16 I am not sure how many were on paternity leave or were about to go on paternity leave. Please let me know if you need any other info.

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      • #4
        You can't be laid off just for taking paternity (FMLA) leave but you can be laid off in spite of it. FMLA doesn't protect your job if you would have been laid off had you not taken FMLA leave. You just can't be discriminated against for taking FMLA. Now if only employees or most of the employees laid off were on FMLA leave, there might be a case for discrimination here. It would be rather suspicious.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment

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