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  #1  
Old 10-02-2009, 04:38 PM
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Is this legal?

What is the name of your state (only U.S. law)? MA

Question:
I told my boss I was pregnant and that I wanted to take a short maternity leave, a few weeks, because I can't afford to be out of work. I told her I was willing to work as long as I could and even take work home if need be. She told me that I may want to consider a layoff, and when I was "ready" to come back to work I would call her and she would see if anything was available for me. A close friend of her family also works here in a seasonal position that is ending this month. She wants me to train this "friend" to do my job. I think she wants me to take the layoff so that she can get rid of me and keep her "friend" on permanently. If I wasn't pregnant I wouldn't be possibly losing my job. I want to know if its legal for my boss to try and go around my maternity leave by suggesting a layoff to benefit one of her friends.
  #2  
Old 10-02-2009, 04:52 PM
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Cannot say anythig on advising you but she cannot fire you for being pregnant. My suggestion contact your EEOC and make a report that way anything happens there is a record and more easier to pursue legal action.
  #3  
Old 10-02-2009, 04:55 PM
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Quote:
Originally Posted by silver163 View Post
Cannot say anythig on advising you but she cannot fire you for being pregnant. My suggestion contact your EEOC and make a report that way anything happens there is a record and more easier to pursue legal action.
There is a lot here that you don't know ~ please help me understand how contacting the EEOC is going to help this person.

Do you know how many employees this company has? Do you know how long this OP has worked for this company? Really because if you do, then you're the noobie who took off with the crystall ball and we would like it back.
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  #4  
Old 10-02-2009, 04:58 PM
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Quote:
Originally Posted by silver163 View Post
Cannot say anythig on advising you but she cannot fire you for being pregnant. My suggestion contact your EEOC and make a report that way anything happens there is a record and more easier to pursue legal action.
Please preface your posts with the fact that you have no clue and are guessing.
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  #5  
Old 10-02-2009, 05:08 PM
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Have you worked for the employer for at least 1 year, with at least 1250 hours in the past 12 months, and does the employer have at least 50 employees within 75 miles of your location?

If the answer to ALL the above questions is not Yes, then they are not required to allow you any maternity leave at all and they can terminate you on the first day you are out.

If the answer to all the above IS Yes, then you are entitled to 12 weeks of job-protected leave under FMLA. Advise your boss of this and that you KNOW she wouldn't want to violate the law
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  #6  
Old 10-02-2009, 06:02 PM
cbg cbg is offline
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MA has its own maternity leave, over and above FMLA and with different eligibilty requirements. But I know better than to guess, unlike some people, so I'm going to ask the poster:

How long have you worked for this employer?

How many employees, in total, does this employer have?
  #7  
Old 10-03-2009, 02:00 AM
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Quote:
Originally Posted by Wirelessany1 View Post
There is a lot here that you don't know ~ please help me understand how contacting the EEOC is going to help this person.

Do you know how many employees this company has? Do you know how long this OP has worked for this company? Really because if you do, then you're the noobie who took off with the crystall ball and we would like it back.
there is a general law in all states were you cannot be fired for certain things, ie being one of them pregnancy. contacting the EEOC and establishing a report is simply as that while you don't have firm backing at the moment there is tension. If you get hassled then fired but you don't have a report then you don't have proof the hassle, simple. Why I say that? Cause I had to find information for a friend who was being hassled and that is what several attorneys advised to do.
  #8  
Old 10-03-2009, 02:29 AM
cbg cbg is offline
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Except for the fact that the law you refer to does not apply when the employer has less than 15 employees. And there are other exceptions as well.

So, once again, do you know how many employees the poster's employer has?
  #9  
Old 10-03-2009, 09:05 AM
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Quote:
Originally Posted by silver163 View Post
there is a general law in all states were you cannot be fired for certain things, ie being one of them pregnancy. contacting the EEOC and establishing a report is simply as that while you don't have firm backing at the moment there is tension. If you get hassled then fired but you don't have a report then you don't have proof the hassle, simple. Why I say that? Cause I had to find information for a friend who was being hassled and that is what several attorneys advised to do.
You don't know what you are talking about.

At least now I know why VS wouldn't hire you... a no nothing know-it-all that wants to demand a job around women in underwear would creep me out, too.
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Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
Last edited by m martin; 10-03-2009 at 09:46 PM.
  #10  
Old 10-03-2009, 11:19 AM
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Nooooooooooooo

It is illegal for an employer to even thing they can try to lay you off while you are on leave, the federal laws prohibit these laws that your employer is trying to do to you.
  #11  
Old 10-03-2009, 11:38 AM
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Quote:
Originally Posted by tariknouri View Post
It is illegal for an employer to even thing they can try to lay you off while you are on leave, the federal laws prohibit these laws that your employer is trying to do to you.
Wrooooooooong!

Please read the experts' responses before you embarrass yourself any further.
  #12  
Old 10-03-2009, 11:39 AM
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As stated before, if the worker is NOT covered under FMLA, there is NOT such protection.

Period.

End of story.

Poster has NOT come back to fill in the blanks.
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  #13  
Old 10-03-2009, 12:44 PM
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And there is no protection for a worker that would have been laid off anyway as part of normal business practices.

The OP cannot be fired for being on a protected leave... but they can certainly be laid off for reasons NOT related to the leave.
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Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #14  
Old 10-03-2009, 12:55 PM
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Location: Thebes
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I've got two theories on the crystal ball and where she is.

1 ~ Another idiot noobie who got mad at what the ball said to them, so he is holding hostage.

2 ~ SJ took her on vacation with him, so he could spicy up his act while he lounged away on a cruise ship in the Bahamas.
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Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #15  
Old 10-06-2009, 10:11 AM
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Quote:
Originally Posted by cbg View Post
MA has its own maternity leave, over and above FMLA and with different eligibilty requirements. But I know better than to guess, unlike some people, so I'm going to ask the poster:

How long have you worked for this employer?

How many employees, in total, does this employer have?
I have been with the company for a little over a year. I'm not sure the exact amount of employees, But it is definetly over 50.
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