does she have a case?

[tracy75]

What is the name of your state?ohio
A friend of mine was working for a nursing home / assisted living co.
Her position with the co. was Marketing Director and she basicly was responsible for the sale / rental of the living units. She had just returned from maternity leave (hadn't even been back for 2 months) when she was let go. The offical written reason for termination was "failure to preform job duties" in the meeting where she was fired she was told it was due to her census ( which is basicly the percentage of units rented). At the time she was fired her census was 79%. Prior to the meeting she had never been told anything negitive about her preformance ...written or verbal. There was no employment contract nor was she ever given any set goals or precentages that she had to meet. The whole thing seems way out of left field to me and that maybe her being fired was due to having the baby rather than her preformance. I was wondering if she has a case for some sort of legal recorse?

 

[BelizeBreeze]

To be honest, 79% Census in an assisted care facility is marginal at best. Most that I have personal knowledge of require a minimum of 84 to 87%.

Although she MAY have been let go because of the maternity leave and/or pregnancy, it is up to her to prove such a claim.

Frankly, I don't see it from the facts you posted.

 

[cbg]

What EVIDENCE does she have to show that she was fired in retaliation for taking maternity leave? Can she point to other, similarly situated employees with the same or lower census percentage that were not fired? If so, she may have some legal recourse. If not, she probably doesn't.

Just because it happened after her maternity leave, does not mean it happened because of it.

The law does not require that she be given any notice, verbal or written, that her performance is unsatisfactory.