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Employment termination to avoid FMLA rules

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StephanieD

Junior Member
What is the name of your state? Texas

My boss is trying to fire me before I take maternity leave so that they dont have to offer me my job when I return per FMLA. Do I have any protection against this? I can post the whole story if necessary.

Thanks
Stephanie
 


Beth3

Senior Member
Potentially, there are two legal violations here. Under the Pregnancy Discrimination Act, it's illegal to fire an employee because she is pregnant and under the FMLA it's illegal to retaliate against an employee for exercising his/her right to take statutory leave.

If you BRIEFLY want to list the key reasons why you think your boss is trying to fire you because you're pregnant and/or will be taking FMLA, someone can advise you whether you appear to have the basis of a claim.
 

L. Camps.

Junior Member
I have this question regarding pregnancy discrimination. Many states are "at-will," so how can one prove that the firing is due to discrimination or to avoid fulfilling FMLA rules? Especially in an adverse enviroment where no other employees would not put their neck out to testify in support of the affected employee. When there are no e-mails or recorded statements that can be used, and the employee does not have a negative performance record and is fulfilling all duties assigned.
 
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Beth3

Senior Member
That often has to be determined by the absence of other valid reasons to fire an employee. Even in an at-will environment, employers don't fire people on a whim or for the fun of it, even though they could if they wanted to. If there are no other reasons that would lead to your being terminated (no misconduct, no downsizing, no performance problems, no attendance problems, etc.), then it may be reasonable to conclude that you were fired in retaliation that you would be taking FMLA and/or because you're fired.

FYI, if you make a complaint to a government agency, you don't have to prove that your employer acted unlawfully. The agency (EEOC, DOL) will investigate and make a determiation.
 

L. Camps.

Junior Member
Does the burden of proof still lay at the employee? How efficient can an EEOC investigator be, when the employees are intimidated and uncooperative with him/her, and the employer will just say what he needs to get out of trouble. Are the gov. agencies that good?
 

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