Fired for not working while on FMLA (Maternity Leave)

[Husband]

Hello and thank you for your help.

My wife worked for a large (50+) company and took a pre approved leave for maternity. she used her vacation time and short term disability insurance (no company pay) while off and planned on returning to work June 8th. On June 4th she was contacted and informed that her department was being downsized (she was let go), and a severance package/forms would be offered. Offered 2 weeks pay. That is fine and understandable/acceptable.

However, through previous coworkers, it has been mentioned that the reason she was let go for not returning phone calls/ emails (doing the activities of her job) while on maternity leave.

We have the times and dates of the phone calls and possibly a voice mail or two (asking her work questions/asking her to fix work problems). A lawyer could speak to the worker who heard the conversations regarding her "lay off". This is slightly more than a rumor, but slightly less than a smoking gun. Would this be worth pursuing? Can an employee be enough to implicate the company? Or should we just accept this and move on?

 

[army judge]

Hello and thank you for your help.

My wife worked for a large (50+) company and took a pre approved leave for maternity. she used her vacation time and short term disability insurance (no company pay) while off and planned on returning to work June 8th. On June 4th she was contacted and informed that her department was being downsized (she was let go), and a severance package/forms would be offered. Offered 2 weeks pay. That is fine and understandable/acceptable.

However, through previous coworkers, it has been mentioned that the reason she was let go for not returning phone calls/ emails (doing the activities of her job) while on maternity leave.

We have the times and dates of the phone calls and possibly a voice mail or two (asking her work questions/asking her to fix work problems). A lawyer could speak to the worker who heard the conversations regarding her "lay off". This is slightly more than a rumor, but slightly less than a smoking gun. Would this be worth pursuing? Can an employee be enough to implicate the company? Or should we just accept this and move on?

First of all, congratulations on your new child.
I hope he/she has a great life.
I know you'll both do your best to be great parents.

One of the many great things about our country, is we have the right to seek legal redress for our grievances.
Yes, you can pursue this.
Sadly, you probably won't prevail.
What you have as "proof" is nothing more than mere innuendo and rumor.

Companies downsize all the time.
I believe they use maternity as one reason to cull their herd, but I could never prove it.
I suspect (and you do too) that they used your wife's alleged behavior to eliminate her.
Unfortunately, I don't see how it could be proven.

If you want to, why not talk to a local labor law attorney about this matter.
The initial consultation is generally without financial obligation.
He/she might be able to see something I don't.
It never hurts to try.

Again, congratulations on the new addition to your family. :cheer:

 

[Patricia_Young]

never mind