Can an employer let someone go after maternity leave?
i left a full time job with 6 employees on maternity leave with the understanding and agreement that i was to come back part time no stipulations involved. a few days before i was to come back, he advised me that he didnt want me to come back unless i was to work two nights a week until 9pm. before i left i was not working nights, and he advised me that i didnt have a job if i didnt agree to his new stipulations. i have applied to unemployment since this will be now my 7th week without work or pay. is there any reason to think that i would not get this?
Answers:
The best thing to do is contact your local unemployment agency. They can answer these questions. That happened to me(many years ago), I was gone on sick leave do to surgery. 2 days before I was to return my employer gave me the news he didn't need me anymore. Come to fine out, he didn't even carry unemployment benefits for his employees. This was a NO NO in Texas. So I got my unemployment and he got fined. Good Luck.
Because the company is so small, many labor laws do not apply. For example, FMLA does not apply to companies will fewer that 75 employees.
The rules in your state may vary.
Unemployment will most likely not pay you anything close to what you were making, and they may deny it. It depends on how much you've worked in the quarter that they will be reviewing.
I don't know the legalities of making you work a different shift after you come back. I thought leave was to protect employees from this type of stuff. you may want to speak to a lawyer, or at least legal aid.
Were the conditions of your leave in writing?Is it a policy on your old job for women to be able to take materity leave?If so,&he didn;t disclose any of the"conditions"you would be expected to fulfill when you came back,then I would definatly talk to a lawyer.TL
you should get it I think, he's just a miserable person but besides, he should give you the same job back that you had when you left, or something similar but if for some reason you are not able to work the new schedule, there is an issue and I tihnk you are entitled.
sue him if you think that he did something illegal and contact the EEOC as well.
At will employment allows an employer to fire an employee at any time for good cause, or bad cause, or no cause at all. The same rules apply to you, you can quit without notice and without liability. If you are looking for an employer who will bend to your needs you will be seen as less valuable. Employers look for workers who are able to perform specific tasks at the companys convenience, and they will be flexible only to the degree that they need to be to attract enough workers. There is no "right to work" in this country, you don't have the right to force your services on another person, then the right to demand that this person compensate you.
Why did you assume that you would get to choose which part time hours you were going to get to work -- did they tell you could you set your own hours? If the company needs a part time person two nights a week, and you need a part time job, it doesn't sound like their offer to you is unreasonable.
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