On maternity leave and just got laid off

By YogiRunner Jul 13, 2016

I was supposed to go back part time in 2 weeks, but just got the call this morning that my team is too big and top-heavy, so they are letting me and my coworker go.

I feel upset because I gave this organization so much over the past 6 years... I've always had great performance reviews and have been promoted twice. I also carefully scoped out my new part time role with a very clear and compelling business case, but I guess the case wasn't good enough.

Here's the kicker though- my coworker and I were the only ones laid off, and not only am I on maternity leave, but she is PREGNANT. Sketchy, no?

So now I try to find a new part time job and try to figure out what to tell his daycare!

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38 comments

mrswin
nectarine / 2433 posts

Jul 13, 2016

@YogiRunner: Wow! The fact that you two were the ones laid off sounds SUPER sketchy. Is there a labour board or something in your state that you can call and speak to someone about your situation?
Iced Tea
persimmon / 1310 posts

Jul 13, 2016

Omg, that is so shady. I am so sorry they are being so shitty. I wonder if you should check with an attorney on this one.
T.H.O.U.
wonderful clementine / 24134 posts

Jul 13, 2016

Start documenting EVERYTHING in writing
FaithFertility
eggplant / 11861 posts

Jul 13, 2016

@YogiRunner: Sounds very sketchy! I am sorry!
YogiRunner
clementine / 849 posts

Jul 13, 2016

I have approximately one million lawyers in my circle of friends and family (including DH!) and talked to one today who does L&E. He also thought it was sketchy and referred me to a lawyer. I just don't want to move forward if my coworker doesn't or burn any bridges. But it ain't right.
wheres_c
pomelo / 5789 posts

Jul 13, 2016

Don't worry about burning bridges dude!
avivoca
watermelon / 14467 posts

Jul 13, 2016

@YogiRunner: That is so,so shady. Good luck in whatever you decide!
mrswin
nectarine / 2433 posts

Jul 13, 2016

@YogiRunner: I don't think you would be burning any bridges, it's so important to make sure it doesn't happen to someone else. Employers shouldn't be able to do things like this. If it is legit they won't have any problems with you having a lawyer looking out for your interests.
FancyGem
clementine / 769 posts

Jul 13, 2016

So sorry to hear this. This is very shady. Something similar happened to my cousin and she ended up settling out of court.
littlebug
honeydew / 7504 posts

Jul 13, 2016

Dude, I'm so sorry. Definitely sketchy. I'd move forward with at least speaking to a lawyer, even if your coworker doesn't. Don't worry about burning bridges.
winter_wonder
persimmon / 1479 posts

Jul 13, 2016

Ugh, I'm sorry. Something definitely seems off if it was just you two.
Iced Tea
persimmon / 1310 posts

Jul 13, 2016

Even if you aren't sure yet, I would at least meet with the lawyer. They can assess the information you have and let you know if you have a good case or not.
Amorini
persimmon / 1132 posts

Jul 13, 2016

@YogiRunner: So sorry for the curve ball! I know you were gearing up to head back soon and now this... now to mention the headache of dealing with a sketchy situation with an employer you probably like well enough (if you were there for 6 years). Just repeating what others have said, but it's definitely good to get some legal opinions and know your options.
YogiRunner
clementine / 849 posts

Jul 13, 2016

Thanks guys. I really don't want this to happen to someone else, so will probably talk to a lawyer next week. This sucks!
Mrsbells
squash / 13199 posts

Jul 13, 2016

wow this doesnt sound right
YogiRunner
clementine / 849 posts

Jul 14, 2016

I had the best boss in the world, but she left for some soul-searching, and then they hired her replacement at the VP level just a few months before I went on leave. Her resume included coming into organizations and making them more efficient, so I should have known, I just really don't think cutting 2/3rds of your leadership team who had the most tenure was a smart move. Now she has like 6 individual contributors under her with no one to delegate their management too. Nothing about this even sounds strategic. I'm starting to believe the cuts were targeted to those starting families.
Mrs. Lemon-Lime
wonderful pea / 17279 posts

Jul 14, 2016

@YogiRunner: is your leave through FML? I thought that protected people and guaranteed a similar job upon your return? Your situation sucks, I'm sorry!
looch
wonderful pear / 26210 posts

Jul 14, 2016

@YogiRunner: If you get laid off while on ML, do you still get paid through the end of your leave...assuming it was paid?
edelweiss
grapefruit / 4923 posts

Jul 14, 2016

i'm really sorry to hear that. f*ck bridges, i'd talk to a lawyer about your options--good call on getting a referral from your friend.
MamaG
pomelo / 5298 posts

Jul 14, 2016

@YogiRunner: I was wondering about FMLA as well, is your leave protected?
MrsKoala
cantaloupe / 6869 posts

Jul 14, 2016

How shitty! I'm so sorry!
Alba4
nectarine / 2951 posts

Jul 14, 2016

I'm so sorry. What terrible timing!
PeaceLily
apricot / 360 posts

Jul 14, 2016

This doesn't sound legal to me. While you are on maternity leave I thought your job was supposed to be protected and you weren't able to be laid off or fired. At least that's how it works under FMLA (Family and Medical Leave Act). This is really sketchy!

I'm sorry you are going through this.
YogiRunner
clementine / 849 posts

Jul 14, 2016

@Mrs. Lemon-Lime: @MamaG: @PeaceLily: The fine print seems to say I'm supposed to get the same type of position when I return, unless they make cuts that have nothing to do with whether anyone is on leave or not. They could argue that they were going to cut me even if I didn't have a baby and was still there, which is legal. But the fact that the only other person laid off is pregnant is what really infers discrimination. And I know this isn't the first time their pro bono lawyer (it's a non profit) had to be involved over a layoff.

@looch: so I got 6 weeks paid, which i used in addition to STD and PTO. I believe they already paid out the parental leave benefit so I guess they just need to pay out the rest of the PTO I accumulated?
Bibliolove
kiwi / 526 posts

Jul 14, 2016

That sounds so shady to me. Good luck with talking to a lawyer. That's just not right! I'm angry on your behalf!
Bluemasonjar
clementine / 920 posts

Jul 14, 2016

We had a round of layoffs and one of the people that was cut was on maternity leave and I questioned it at the time and learned that because it was due to budget that it was legal. However, only 2 layoffs and you are both starting families? I think talking to a lawyer is the right thing to do at least to get an opinion.
Iced Tea
persimmon / 1310 posts

Jul 18, 2016

@YogiRunner: we'd love to hear an update, if you feel like sharing.
Mae
papaya / 10343 posts

Jul 18, 2016

I'm so sorry I have no opinion about the legality of it but I just wanted to say-- I've been there! I lost my job the day I went onto maternity leave when I had my daughter. I freaked the f out. It sucked. I have no idea what industry you're in or what your financial situation is like, but in the end I decided to stay home for a while and went back to work when my LO was 20 mo old (I started job hunting seriously when she was about 8 mo old but I was super super picky about what I wanted and it took me a year to find that). I look back on the whole thing now as a blessing in disguise because I never would've taken that much time with my daughter otherwise, and I think I"m in a much healthier working environment now (one I don't have to apologize for my priorities at, where I came in saying: this is who I am and what I want and if you don't want me that's fine). I hope you find the same is true for you!

(Not that you should let that discourage you from getting advice on the legality of the whole thing. Just hoping in the end this turns out better for you).
YogiRunner
clementine / 849 posts

Jul 21, 2016

So I finally have an update as of this morning... I've hired an attorney who will negotiate on my behalf for better severance due to the truly crappy situation they've put me in. I am concerned that there was a bias against us because we are starting families, but right now we're just going to focus on getting more severance so I have more time to look for a new job with a newborn instead of going through any litigation.
Iced Tea
persimmon / 1310 posts

Jul 24, 2016

@YogiRunner: Thanks for the update. Any word on your coworker?
Mrs. Pen
blogger / wonderful cherry / 21616 posts

Jul 24, 2016

@YogiRunner: just catching up on this now - but when I saw "laid off on ML" my first thought was they're definitely in the wrong... good for you for seeking legal counsel and I hope you can get a decent severance package out of this.
YogiRunner
clementine / 849 posts

Jul 28, 2016

Welp. They aren't budging. I'm going to reach out to someone who never came back from her maternity leave bc there "wasn't enough work" just to see if there was anything fishy in her case. Just angry that after 6 years of busting our butts for this organization and they treat us like dirt on the way out.
T.H.O.U.
wonderful clementine / 24134 posts

Jul 28, 2016

@YogiRunner: Im sorry. I wonder if they aren't budging because if you do it would indicate a possible mistep in your layoff?
YogiRunner
clementine / 849 posts

Jul 28, 2016

@T.H.O.U.: Maybe... They said what they gave me is in their severance package policy, and they don't treat people differently no matter what their personal circumstance. Still, being pregnant and being on leave are what I'd call unique, protected class circumstances! I'm surprised they weren't worried about us pursuing litigation to be honest.
LBee
pomegranate / 3895 posts

Jul 28, 2016

@YogiRunner: @T.H.O.U.: I would think the exact opposite. They are saying that they followed the book (they eliminated what sounds like 2 people who did the same job who happened to both be going through similar life events) and that they can't change policy because of your specific circumstances. Doing so opens them up to litigation from other former employees (which is probably a much bigger pool) who would say that they had difficult circumstances as well.

Companies are not precluded from laying off people on maternity leave. It is 100% allowable. Also, the fact they eliminated someone in your same position that was NOT on maternity leave actually strengthens their position as they can prove that you would have been laid off regardless of whether you were on maternity leave or not.

It sucks and I'm really sorry, but I think any employment lawyer well versed in FMLA would say you probably don't have a very strong case. You might be able to go after them for discrimination, but they did not violate FMLA.

ETA: I re-read your post and it looks like you were also coming back in a part-time position? I believe FMLA only covers you having the ability to return to the position that you worked in prior to leaving.
T.H.O.U.
wonderful clementine / 24134 posts

Jul 28, 2016

@LBee: I think that is what I was trying to say as well. If they modified the package for you, they would open themselves up to either indicating they did something wrong in the first place and opening them up for all other employees that want to negotiate their packages.
YogiRunner
clementine / 849 posts

Jul 28, 2016

@LBee: Yup, I don't think they are violating FMLA, but I do think there is a strong inference of discrimination since the only other person laid off is pregnant. It's actually so blatant that it's hard to prove they'd do something so archaic and backwards. Filing for discrimination is tempting to some degree but this shit is really hard to prove. At this point I just want them to be careful with these decisions in the future and maybe even treat people as humans on the way out...

But @LBee: you bring up a good point about the legality of laying someone off on leave. Almost everyone I spoke to was like "they can't do that! Is that legal!?", but it actually is under FMLA if it's a business decision they would have made either way. Again, proving the reason for the layoff is discrimination is just really hard. But I would have thought the threat of litigation would be enough for them to move a little on their severance policy. I don't know about others who were let go coming back and making a stink, didn't they sign that away in their severance agreement?

Even though this sucks sucks sucks, I do find everything I'm learning in the process kind of fascinating!
winniebee
hostess / wonderful grape / 20803 posts

Jul 28, 2016

@YogiRunner: Truly sucky situation. Just be sure that your lawyer files a claim with the state employment discrimination agency and/or EEOC within the proscribed statutory time frame. In Massachusetts for example, it's 300 days after the last adverse employment decision taken against you and if you don't file with the administrative agency first, it precludes you from filing a lawsuit later.

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On maternity leave and just got laid off

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