Lawsuit during Maternity Leave

[jalcbo]

What is the name of your state? South Carolina

I maybe in the wrong forum, but this is my situation. I am a Realtor for a large real estate company. For several years I have been part of an ongoing lawsuit, which finally appears to be going to court in the next several months. I am also expecting twins in the next 2-4 weeks. My company's attorney contacted me yesterday to begin the first round of depositions at the end of the month, after refreshing his memory on my situation (we haven't even had the need to discuss this case since Dec) he indicated that I wouldn't need to be involved as of right now, but to understand that I would be expected to participate if the case went to trial in the next few months. My concern has always been that this attorney has the best interest of my company in mind and not me of course, but I am hesitant because of company politics to bring in my own representation. My question is do I have some sort of maternity rights, if I am expected in court just a month after my boys' birth?

Thanks

JalcboWhat is the name of your state? SC

 

[BelizeBreeze]

What is the name of your state? South Carolina

I maybe in the wrong forum, but this is my situation. I am a Realtor for a large real estate company. For several years I have been part of an ongoing lawsuit, which finally appears to be going to court in the next several months. I am also expecting twins in the next 2-4 weeks. My company's attorney contacted me yesterday to begin the first round of depositions at the end of the month, after refreshing his memory on my situation (we haven't even had the need to discuss this case since Dec) he indicated that I wouldn't need to be involved as of right now, but to understand that I would be expected to participate if the case went to trial in the next few months. My concern has always been that this attorney has the best interest of my company in mind and not me of course, but I am hesitant because of company politics to bring in my own representation. My question is do I have some sort of maternity rights, if I am expected in court just a month after my boys' birth?

Thanks

JalcboWhat is the name of your state? SC

Are you asking the court to allow you not to participate as long as you pop out a kid or two?

 

[jalcbo]

No I am asking do I have a legal right to postpone the case or my participation in it?

 

[BelizeBreeze]

No I am asking do I have a legal right to postpone the case or my participation in it?

That depends entirely on the circumstances of the case, if you are a defendant/plaintiff or just a witness and a lot of other factors that you have either failed to provide or can't provide.

Suffice it to say that simply having a baby one month prior to trial is NOT an excuse for a continuance.

 

[badapple40]

BB:

That is not necessarily true. I've continued cases before for the convenience of witnesses. Talk to the company's attorney and see if he can continue the case for a couple months. Then again, he may want you to appear sympathetic being 8 months along (I've pulled that stunt too).

 

[BelizeBreeze]

BB:

That is not necessarily true. I've continued cases before for the convenience of witnesses. Talk to the company's attorney and see if he can continue the case for a couple months. Then again, he may want you to appear sympathetic being 8 months along (I've pulled that stunt too).

Of course I agree but that's not the point of THIS post. Our poster is wanting to know if her having a baby will allow HER to not participate....not if her attorney or the company attorney can use it.

Hell, I'd use it too. But if I wanted her to show up she'd play hell using the birth as an excuse.

 

[Rexlan]

Of course I agree but that's not the point of THIS post. Our poster is wanting to know if her having a baby will allow HER to not participate....not if her attorney or the company attorney can use it.

Hell, I'd use it too. But if I wanted her to show up she'd play hell using the birth as an excuse.

I agree with BelizeBreeze. This whole maternity business is a bunch of BS anyway. Employers DO NOT OWE YOU squat. I have had a case pending for 3 years because it takes the judge 6 months to rule on simple motions because his "clerk" seems to get motherly every spring and needs 3 months off. How inefficient is that and the guy is covered up in the first place.

To the original poster. Why in the world would you think you have any maternity "RIGHTS" a month after having a kid? Get real. Their attorney owes you exactly nothing .... get you own and pay for it. He can likely get it postponed if you are sick or have a physical problem.

 

[rmet4nzkx]

Twin births are considered high risk pregnancies, so it is entirely possible that she may ask for an accommodation if she applies to the ADA coordinator for the court, that could mean a continuance, or other accommodations to allow her to testify. If the next appearance is a deeposition, they should be able to come to her and give her breaks to breast feed the children.