I just returned back from maternity leave and after 32 business days they let me go due to downsizing in the company. Come to find out they gave my job to another EA in the company as the consolidation process. Is there anything I can do? What is the mini

I just returned back from maternity leave and after 32 business days they let me go due to downsizing in the company. Come to find out they gave my job to another EA in the company as the consolidation process. Is there anything I can do? What is the minimum an employer has to hold you after returning from maternity leave? Are they allowed to give my job to someone else? I have been with company for 5 years and in NY.

1 answer  |  asked Sep 19, 2016 05:11 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Your question will require a consultation with an employment lawyer.

The timing sounds like it was temporally proximate to your maternity leave. That would be illegal.

However, if the employer was planning it's RIFLE for some time and did not discriminate when making its decision of who goes and who stays it may not be.

However you might have lost health insurance and other benefits which saves the employer money due to your pregnancy and if you were or are disabled that violates other laws and of course the NYC human rights Law is among the most protective in the country and you definitely need to consult with a NYC labor and employment lawyer, preferably a NELA member. National Employment Lawyers Association. Do so soon. Good luck.

posted by V Jonas Urba  |  Sep 19, 2016 07:03 AM [EST]

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