Im taking my last employer to mediation and need some legal advice, anyone know business law well?

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
Additional Details
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?

Poopy

The two major federal laws which may have applicability in your situation are the Family Medical Leave Act (FMLA), and Title VII of the Civil Rights Act of 1964 (Title VII).

In order to qualify for FMLA leave, you have to have been employed by this employer for at least 12 months (although, those 12 months do not need to be consecutive). Therefore, based on the information you provided, it sounds like FMLA would NOT apply.

Under Title VII, pregnancy is a "protected class," meaning your employer cannot discriminate against you in an employment decision because of pregnancy so long as you are able to perform the main functions of the job. However, that is while you are PREGNANT. Once you are no longer pregnant, they only have to treat you as they would any other disabled employee. If they have no type of disability leave for any employee, they are not required to extend one to you for maternity. Go to the Department of Labor's website at http://www.eeoc.gov/facts/fs-preg.html for more information.

Under federal law, then, it seems that neither of these laws is really terribly helpful to your situation. However, do check with your state's labor commission/division. You can usually find them in the blue/government pages of your local telephone book and their may be some state laws that will assist you.

If not, please contact your local bar association. They can provide you with the names and numbers of attorneys who specialize in the types of issues you are facing, many of whom will handle cases on a contingency basis, i.e., no fee unless you win. The percentage of winnings they are allowed to take as their fee is generally limited by law to around 30%.

I think the other answerer was right on when she said be polite and courteous, and do your homework/be prepared. As a former federal investigator, I can't tell you how much of a difference it made in my overall assumption of truthfulness if my interview subject was cooperative, polite, on-time, dressed appropriately, etc. If he/she showed me, by doing those things, that he/she understood the importance of the issues and respected what was at stake, I tended to respect them and their answers. If the person showed me, by their words and actions, that they thought the whole thing was just a big nuisance, it always made me wonder what they were trying to hide....

Anyway, hope this helps. Good luck!

JobSearchWiz

It sounds like you were laid off for other reasons. HR will pick one that makes sense and is defensible in court. Companies are usually very reluctant to lay people off that are on Maternity Leave.

You must read up on the Family Medical Leave Act (FMLA) that protects your job for 12 weeks. Read up on this regulation, print it out and bring it with you. The HR folks there will have their copy ready.

http://www.dol.gov/esa/whd/fmla/

Also, look for a free legal service in your area or ask at your unemployment office for some leads.

Good luck!

tigglys

Talk to the Department of Labor in your area.

Yes, it sounds like if you were laid off because you were on Mat Leave that you have a discrimination case - but, of course, I'm not a lawyer! Pregnancy IS a protected class - and it sounds like the basis for laying you off - which is illegal.

You should be able to get advice from the DOL. They may be able to give you a lawyer . . . or they may be able to suggest a lawyer who does "pro bona" work (free) Don't worry about it being too late - it can always be postponed . . .

Best of luck (& congrats on the baby?)

lonely4now2004

hI, I went thru mediation with my employer recently,,,the reason was they claimed I wasn't fired and I said the opposite, needless to say I won!
and you know why?
Because when they asked me questions I answered politely and backed-up everything with paperwork; on the other hand
my employer was there with NO documents, cero papers, the mediator loved me because I could back evefrything and he really appreciated it.
At the end he told us, the fact I showed like I did my homewok was what influenced him!..regardless of the truth!

jersey jim

This is a case of decision and rationale: 1. Your employer recently laid you off because you took a maternity leave. Their excuse "lack of work"!
Fact: For you to take a maternity leave, your employer was very aware of your condition and stood by in silence, watching you perform valuable services rendered upon your place of employment.
Fact: They had the opportunity to object to your maternity leave in writing, (I assume they did not) knowing that you the employee, (provider) of services rendered was expecting a maternity leave. (with compensation or without compensation?)
Fact: Since the employer did not object to the maternity leave beforehand, shows acceptance,(i.e. assent) in the face of a "duty to speak" or objection beforehand.
Fact: Your employer neglected to object beforehand thus showing acceptance (i.e. assent) of your maternity leave.
Your employer remains liable under an implied-in-fact verbal contract. It constitutes assent to your maternity leave. Plus, the fact other people were hired during your maternity leave.This should hold up with any mediation.
I hope this opinion assists you in the best way possible: Good luck!

lobos301

well, your former employer can not let you go while on maternity leave. If you came back from leave the moment you walk back into your place of employment they can release you and you have no recourse. You are protected from being released while on maternity leave by state laws.

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