I Live in California, came back from my maternity leave, and was let go. Buisness was slow, and while on my (unpaid leave) others were let go as well. Im not sure if this is illegal or not. I have worked there since june 2005 full time, there are about 20 employees, and its a family owend buisness. Can they do this?
Answer:
Unfortunately I believe they can. FMLA usually only applies to companies with 50+ employees. Also since they let others go, it would be hard to prove that it was in retaliation for your being on maternity leave. California should however have a FMLA hotline number (most states do) that you could call to see if you have a case or not.
Yes. They can do that.
If they were letting others go and business was slow then you will have no case, it probably would have happened anyway. I've seen it before.
Don't know how you can fight it if others were let go also. It doesn't seem related to your performance or the time you took off for leave.
Good luck finding a new job.
PS ***Did they keep the person that you trained? Was she hired only till you got back from leave?
They absolutely can let you go under these conditions. There is no evidence of prejudicial treatment.
If they only laid you off, and then replaced you, then you would have a case.
Were you on FMLA at the time?
It's my understanding that with the Family Medical Leave Act you are allowed time off for maternity leave. Your employer is required to hold a job for you. It may not be the same job you were doing, however, they are required to have a job for you at relatively the same pay.
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