Legal Question

[desflood]

I have a family member who worked for a national (retail) company for five years. She became pregnant and they let her go, claiming that her position was being eliminated nationally. She has since had the baby and has been contacted by the company offering her her old job back (apparently, they "decided against eliminating the position" after she was let go). She has no proof, of course, that she was discriminated against. I told her to put a lawyer on retainer and have them contacted, demand her job back at her old salary plus back pay and maternity leave. Can anyone give some additional advice?

[CosmicCowboy]

was she full time? was this in Texas?

[desflood]

She was full time, up in Michigan. She did excellent work (according to the company) and was promoted several times in those five years.

[PM5K]

What kind of job exactly?

[ORION]

Was the company's medical insurance self funded ?

[ORION]

What kind of job exactly?

dude keep posting! I can't get enough of that chick

[desflood]

What kind of job exactly?
She started off as an associate (cashier, floor work, etc.), then went up to Asst. Manager. Can't recall what the last official title was - I believe it was head of local advertising?

Was the company's medical insurance self funded ?
Couldn't say for sure.

[I. Hustle]

Would she be able to get proof that they let her position go in their other locations? Can't she just ask around? More importantly does she have big boobs?

[Oh, Gee!!]

if she wants the job, she should take it. she shouldn't need a lawyer to tell her that.

[easjer]

She should consult with a lawyer, but it's often difficult to prove pregnancy discrimination. Presumably the company will have documentation proving that they were eliminating the position and documentation proving there were reasons she was let go specifically, and can provide subsequent documentation proving that they subsequently chose not to eliminate all positions and of course wanted such a fine employee back.

At least, if they are a national chain, they are more likely to have this sort of documentation to cover themselves, but it may not be a bad idea to have a lawyer take a look and give a professional opinion about whether there is a case there or not.

[desflood]

if she wants the job, she should take it. she shouldn't need a lawyer to tell her that.
No, but the question is whether she could get the job with the 5-year pay and maternity leave she is entitled to and would have gotten had she not been discriminated against.

[Frenzy]

From cashier to head of local adver. This must be a very small company or she must be one hell of a kiss ass. or hard worker either way. Sounds like the girl got the shaft.

[desflood]

She should consult with a lawyer, but it's often difficult to prove pregnancy discrimination. Presumably the company will have documentation proving that they were eliminating the position and documentation proving there were reasons she was let go specifically, and can provide subsequent documentation proving that they subsequently chose not to eliminate all positions and of course wanted such a fine employee back.

At least, if they are a national chain, they are more likely to have this sort of documentation to cover themselves, but it may not be a bad idea to have a lawyer take a look and give a professional opinion about whether there is a case there or not.
It's obvious how slimy the whole thing was, even to a simpleton like me, but nearly impossible to prove. They want to hire her back at the initial salary for the position as well, which is less than she was making before. She feels like that's adding insult to injury, but she has been out of work for six months and needs a job pretty desparately.

[desflood]

From cashier to head of local adver. This must be a very small company or she must be one hell of a kiss ass. or hard worker either way. Sounds like the girl got the shaft.
It's a very large company. Stores all over the U.S. And we've known each other our whole lives, and I've never known her to be anything other than a hard worker.

[ploto]

Does her employee manual have anything about maternity leave? They don't have to pay you while you are out having a baby. The FMLA only requires them to allow 12 weeks of unpaid leave from which you can come back for a comparable job.


the question is whether she could get the job with the 5-year pay

I don't believe you are legally entitled to a particular salary unless you have a contract. Can't your employer cut your salary if he wants to?

[TheProfessor]

This might help in terms of knowing if she can still file a charge of discrimation with the EEOC: http://www.eeoc.gov/employees/timeliness.cfm

And for pregnancy specifically:
http://www.eeoc.gov/laws/types/pregnancy.cfm

As for her case, it sounds like it would be extremely difficult to prove up.

[TDMVPDPOY]

it depends, is it the same salary or the job salary < previous salary?

to me it seems like they didnt wanna paid maternity leave and just fired her....that shit is compulsory in most westernize countries now

[CuckingFunt]

In the current economy, I would think it in her best interest to really consider how important a fight this is.

If they did something iffy to get out of paying her for maternity leave and/or justify reducing her pay, that legitimately sucks and is worth being pissed about. BUT, if they've been happy enough with her performance to have rapidly promoted her in the past and she thinks there is potential for future promotions and/or raises, it might be in her best interest to drop the fight in favor of a pleasant work environment. Especially if her job prospects are limited enough that remaining with the company is important.

I've known plenty of people who have fought employment issues to varying degrees of success and in all cases things got ugly enough that keeping the job they were fighting for was no longer a viable option. I, personally, don't know that I'd be willing to risk that kind of environment or hostility as a new mom in this job market.

[ploto]

to me it seems like they didnt wanna paid maternity leave and just fired her

Companies do not have to pay for your maternity leave. You can usually use saved up vacation and sick time, but they do not have to pay you.