Layoff regulations
I was layed off after nearly 8 years right before going on maternity leave. I was offered a job with a 3rd party doing the same job for less benefits. Others who were layed off got a severance package. Because I was offered a job, I would get nothing if I did not accept. I accepted but resigned after my maternity leave because I did not think I was treated fairly and did not think it was worth while to continue my employment. Another woman who was in my department is now being rehired and promoted to my former position. Is this legal? Can they lay you off due to business circumstances and hire someone to replace your former position?
1 answer | asked Aug 18, 2003 2:34 PM [EST] | applies to California
Answers (1)
Whether your layoff was motivated by discrimination against you based on the fact that you had applied for maternity leave will probably depend on the gap in time between your layoff and the rehire of the other person. If you are a California employee, then see California Pregnancy Rights Act and Ewing v. Gill Industries, Inc. (1992) 3 Cal. App. 4th 601 at www.findlaw.com. Other issues that need to be addressed include: Did you apply for your old job back? Did you have bumping rights? Why did your finding other work impact your right to a severance package?
posted by Joan Herrington | Aug 18, 2003 3:39 PM [EST]
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