Does anyone know business law well? I need legal advice quickly.?
Find answers to your legal question.
Does anyone know business law well? I need legal advice quickly.?
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My employer recently laid me off while i was on maternity leave. I feel that I was discriminated against because they laid me off with the ecxuse of "lack of work" but when they called to lay me off, they stated "because your on maternity leave, we felt that it was best to lay you off", basically stating that since i was already off of work, thats the reason they laid me off instead of someone else. When there were a couple other people hired in quite a bit after i was hired in and they werent laid off, nor did they even come with any experience to the industry, where I had plenty knowledge and could have easily came back and did there job and they get laid off.
Help please? I am taking them Wed. to mediation and I need legal advice as to what to say during this time.
Thank You!
p.s. I have only been with the company for 7 months so does the FMLA even count in this situation?
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oldcorps1947
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The family leave act only applies to employers with over 20 employees and you would have needed to file for the leave under the act before you took the time.
Being laid off because you can no longer perform the job will be a major factor, however there are a number of states that have laws that prevent lay-offs based on maternity.
Mediation is a good beginning, but be careful not to sign any agreements that you do not feel comfortable with. Any severance pay or settlement pay will affect your ability to get unemployment quickly.
If you have time to consult with a lawyer, do it. Most attonernies will not charge for a one time consult. |
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goz1111
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Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work. |
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CatLaw
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I hope you have a legal representative who understands the Pregnancy Discrimination Act in your Mediation. Mediation is just like any legal proceeding, do not try to be Perry Mason. It really is not like what you see on Law & Order. Get an attorney to go with you and represent you in the Mediation. Or you chance missing a legal option. |
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spadezgurl22
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after 3 months employment FLMA def applys to you. although i cannot offer any legal advice, what they are doing is illegal, did u get an employee handbook or sign an agreement upon hiring? some companies are 'at will' and they might use that as an excuse but they clearly terminated u for being pregnant. |
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