Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Laid off after maternity diability California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Laid off after maternity diability California

    Ok, I have a friend at my old company that was on maternity leave for (I think) 3 months. When she called up to say she was returning, they laid her off. Is that legal?

    company has about 40-50 employees, and has been downsizing in the field work force, she is office staff and there have been no lay offs in the office anytime recently.

  • #2
    That depends.

    If she can show that she was selected for layoff BECAUSE she was out on maternity leave, that's illegal.

    But if she would have been the one selected for layoff regardless of whether she went on maternity leave or not, that's legal.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Originally posted by cbg View Post
      That depends.

      If she can show that she was selected for layoff BECAUSE she was out on maternity leave, that's illegal.

      But if she would have been the one selected for layoff regardless of whether she went on maternity leave or not, that's legal.
      Do you know who the burden of proof would be on?

      Comment


      • #4
        Not quite. The presumption might just be against the employer. If no one else in her department was terminated but she was "singled" out and laid off, the rebuttable presumption would be that she was retaliated against and discriminated against for exercises her right under FEHA and PDLL to take pregnancy leave.

        She likely has a legitimate claim that many employers would consider settling, especially if they make a prudent business decision.
        Arkady Itkin
        Attorney at Law
        San Francisco / Sacramento / San Jose
        http://www.arkadylaw.com

        Comment

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X