Seeking Law Advice for Discrimination in the Workplace

While it may seem to correlate enough with your personal life to be considered discrimination to you, keep in mind that KY is an at-will state, meaning you can quit at will, or they can fire you at will, without further explanation. Without consistent, documented evidence over a period of time towards your assertion, filing such a claim would seem a waste of time and money, and may even result in your being ordered to compensate your former employer for court fees, etc.

It seems like you're angry and want to blame someone as you're unsatisfied with their reasoning, agenda, or path of action. I would feel that way. However, that's not wrong or illegal. I feel the wise choice would be to work through your emotional reaction and let it go, planning for the present and future of your family and personal life.

Good day, Mama!

What is your discrimination? You had a child? Has your attendance been an issue? Did they say anything prior to your leave? As an HR professional, I'm not going to fire someone when they come back from FMLA for no reason.

However, to clear one thing up, they do NOT have to give you notice or progressive discipline. Are you a member of the union? If not, you are an employee at will.

If you truly believe they did something wrong, you need to contact the EEOC and file with them. They will ask for a statement from you. They will then contact the company and ask for a statement from them and conduct an investigation. If the EEOC does not find any wrong doing by the company, it will be very difficult to sue. However, if the EEOC says that they did do something wrong, then you might have a case for your job back and/or back pay. Remember, if you go this route everything in your personnel file will be reviewed.

If this were me, as the HR professional, I would have consulted with an attorney prior to your termination and would know exactly what my rights as the employer were. Like I said, I think there is more to the story.

What would be the discrimination?

At my company, we've had lots of coworkers go on leave, and come back to find themselves out of job for reasons totally unrelated to their leave. (poor performance, insubordination, attendance issues, etc...)

So unless you can prove that you were discriminated against, you're going to have a hard time. I'm guessing that the company has the right to terminate employees for any reason without notice (most do), barring illegal activity. I'd read up on the fine print of your employment information before you seek a lawyer.

It IS legal to hire/fire employees that represent a brand. That's why everyone at Abercrombie & Fitch, for example, is slim and attractive. It's part of their marketing strategy (and people have lost countless lawsuits over this). So the precedent is there, just as a warning.

T.:

To be honest - it doesn't sound like you have a case. It sounds like you are angry.

It's hard to give recommendations when we only have part of the story...
*They didn't terminate you while you were on maternity leave - correct?
* You came back to work and then they let you go?
* What do your prior employee reviews state?
* Did you have a history of being late, calling in sick, not getting the work done, etc?

This might help you learn more about the labor laws in Kentucky.
http://www.ehow.com/list_###-###-####_labor-laws-kentucky...

This portion is directly related to FMLA:
http://www.ehow.com/info_###-###-####_kentucky-family-lea...

I would get my resume together and start pounding the pavement for a new job.

Does the company have more than 50 employees? If it does, they have different laws to go by. Less than 50 employees can do what they want, from what I understand.

At least talk to a lawyer about it. It could be that they won't charge you if they think you have a case. You would give them 40% of what you get. If you have copies of performance appraisal reviews that say you have done a good job, that will help.

Make sure that the attorney you talk to has experience in this area.

Good luck,
Dawn

I found this as a resource:

http://research.lawyers.com/Kentucky/Employment-Law-in-Ke...

Personally, I don't think you have a case, since they terminated you after you came back. If they had terminated you while you were on FMLA, then you would have a case. But, best check with an employment lawyer to see.

Also, don't forget to file for unemployment!

I would find out what they mean by the comment you are no long a good fit. If you have no history of being in trouble the timing sounds off. it does not hurt to ask the Dept of Labor

Contacting EEOC is the first step. They can make a determination for you. FMLA just 'holds' your job for you. If during your absence the company 'changed' it's structure in any way during your absence..... (which is what they're reasoning may be)
Length of service and the birth of a child are not 'protected classes' according to labor laws.
It sucks. Good luck.

It wouldn't hurt to speak with a lawyer - I don't know if you'll find one who'll work for free.
You might be able to find one here:

http://www.findlaw.com

You should consult the EEOC (Equal Oppy. Employment Commission)
I believe this might fall under female discrimination. Did they terminate you before your maternity leave was up or did you work after you came back before the termination?

I believe their services are free since it is a government enforcement agency. You should also talk with the HR department and let them know that you plan to pursue the matter with EEOC. They may take another look at how they treated you and try to make it right.

They do have the right to terminate, however, since it was so close to your maternity leave, it does seem that the termination was somewhat related to this which might give you a leg to stand on legally. Check with EEOC.