QUESTION

Do I have a case?

Asked on Feb 03rd, 2014 on Labor and Employment - Georgia
More details to this question:
Hello ¿ I was just laid off from my job of almost 4 years. I am 4 months pregnant, and my company was aware. I feel with the reasons they gave me for letting me go, and the reality of the situation, as well as my work and review history... none of it adds up. I feel like while they may have been thinking of cutting people, I was #1 on their lit because of my pregnancy and the fact that I would have to be out on maternity leave anyways, as well as costing them more money. I received a letter today, stating that I would get severance, which I am normally not eligible for, if I relinquish my rights to any claims against "The Company." This letter has to be signed and submitted by next Monday, 2/10/14. Do I have a case? Thank you, Gina Hill
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1 ANSWER

Labor and Employment Attorney serving Atlanta, GA
2 Awards
If your employer employs at least 15 employees, and if you can prove that you were selected for layoff because of your pregnancy, you may have a right to recover damages, back pay and reinstatement to your position. The question is whether the evidence is sufficient to prove that  your pregnancy was the cause of their decision to select you for layoff. You didn't say how many employees your employer had. If the employer has at least 50 employees working for at least 20 weeks in the current or the  immediately prior year, the employer is covered under the Family and Medical Leave Act.  If your employer terminated you rather than allowing you to take FMLA leave, you can recover damages for back pay and reinstatement under that law.  Once again you must have sufficient evidence to establish that there is a causal link between your need for medical leave and their decision to lay you off.  In any event, before you sign any agreement with your employer in which you waive your rights to make legal claims against the company, you most definitely should consult with an employment and labor law specialist. If we can help you please call. Best of luck Michael A. Caldwell 404-979-3154.
Answered on Feb 04th, 2014 at 6:25 PM

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