Being forced to resign after returning from Maternity Leave

[lucasj1]

What is the name of your state? Texas

My wife just returned back to work after being out on Maternity leave. On her 3rd day back, one of her bosses asked her to meet him at the Starbucks down stairs. Once there he informed her that she will be given 2 offers. One
was get a review in 30 days at which time if there wasn't improvement she would be let go, or she would be given 3 months full pay and benifits if she would resign and sign documentation saying that she would not talk bad about the company or bring a lawsuit against them. They did have a
talk with her about 2 months before she left on leave. They said that her attitude has been declining (no shock...she was pregnant. At least they didn't have to live with her. This was the first review that she had in the 5 years of being employed at the company. She vowed to improve and they told her before leaving that they had seen improvements. They told her that the person that filled in for her while she was on leave would probably be a better fit and that my wife would be happier at a job that would be more challenging. My questions is: Would they be offering her the 3 months if they weren't worried about a lawsuit?

More info: They recently gave the same offer to an African American male that was recently diagnose with cancer. I'm really surprised that they would try this. There definitly seems like grounds for lawsuits here.

My wife doesn't want to do anything, but I think that she should at least demand 6 months. I'm pretty confident that they would give it to her. What do you think?

 

[Beth3]

My questions is: Would they be offering her the 3 months if they weren't worried about a lawsuit? These days, EVERY employer worres about a lawsuit but that is not evidence of any wrongdoing on the employer's part. It costs absolutely nothing for an employee to contact the State or a federal agency and claim discrimination or some other violation of the law. However it can cost an employer some big dollars just to respond to such a complaint, no matter now bogus the allegation. Offering a terminated employee some severance in exchange for signing a waiver is pretty much standard procedure these days.

They recently gave the same offer to an African American male that was recently diagnose with cancer. I'm really surprised that they would try this. There definitly seems like grounds for lawsuits here. You're jumping to conclusions. If there is some basis however, it's entirely up to that employee to take action. It has nothing to do with your wife.

My wife doesn't want to do anything, but I think that she should at least demand 6 months. I'm pretty confident that they would give it to her. What do you think? You're wife isn't in a position to demand anything and even if she were, that's a poor negotating tactic. Your wife was having performance problems before she went on maternity leave; now that she's back, it's not terribly surprising that they are formally addressing them. Your wife can stay and take her chances that her performance will adequately improve or she can take their offer of severance and depart.

If your wife wishes to have a discussion about whether the company is willing to sweeten the severance offer, she may do so but I'd advise her against demanding anything. That could tick off the managers involved and they could pull their offer of severance and terminate her employment. Then she'll have nothing.

 

[lucasj1]

Well, it's not hard to figure out which side you're on. You must represent "The Company".

The performance issues were not substantiated. This was a new manager that is pretty much a tyrant and if you don’t kiss his… then you have performance issues. Anyway, this was the first and only review that she had in 5 years, and they acknowledged that there were improvement.

I realize that the other case is irrelevant and has nothing to do with my wife, but I was showing that there seems to be a trend. BTW…the other guy's lawyer does want to interview my wife, so, someone believes there is a case.

I just don’t believe that they would be so nice. Even though they are telling her how much they enjoy and respect her friendship, I know that they are not doing it out of the kindness of their heart.

I appreciate your advice. Now, you said that I was jumping to conclusions. It sure sounds like you are doing the same when speaking of her performance and her not being in a position to do anything. When is that last time that you heard of a company giving away money out of kindness. If they weren’t worried about it, they would not be offering “hush” money.

 

[Beth3]

You're the one who wrote this: They did have a talk with her about 2 months before she left on leave. They said that her attitude has been declining (no shock...she was pregnant. At least they didn't have to live with her.

I wasn't jumping to conclusions - your statement strongly suggests that the company's position that her performance had been declining is valid. If that's not the case, then you should have made that clear in your initial post.

If her job performance has been acceptable and the only reason they are taking this action is because she took maternity leave, then that is an entirely different matter - and one which is prohibited by several laws.

 

[Kayla100]

I am in the exact situation except I was never told that I had any performance issues. Now that I've returned to work, the New Manager discovered that I was underperforming while I was on leave. How so if I was on leave? I am being offered 2 weeks of pay and we'll call it a mutual separation as my job has changed since my leave. Human Resources is now calling requesting for a resignation email as I have not signed any documentations.

Please advice on the next step as I am ready to approach HR and if no resolution I will contact the EEOC.

 

[ecmst12]

Don't hijack other people's posts, especially when they are over 4 years old!! Start your own thread if you have a question.