Legal Question in Medical Leave in California

fmla

On my last day of work before maternity leave . the dentist i work for informed me he was selling his practice and the new Dr. would not be needing me. Can this happen.


Asked on 8/24/07, 4:59 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: fmla

Based on the limited facts you provide, it sounds like it can happen. If your employer has sold his business, there is no obligation on the part of the new employer to retain employees from another employer. The new employer has the right to hire new employees. If you think there is more to the story, consult with an employment law attorney in your area.

Read more
Answered on 8/24/07, 5:33 pm
Terry A. Nelson Nelson & Lawless

Re: fmla

Can this happen? Of course, it did, didn't it? The question is whether you can prove this violated the law.

The old employer sold and closed, so he has no liability.

Can you somehow prove the new employer's motives? Did the new employer hire any of the employees? ... all but you? If so, then you can argue pregnancy discrimination for not taking you.

Feel free to contact me if you think you have a case within those guidelines. I've been doing these cases for over 30 years.

Read more
Answered on 8/24/07, 5:59 pm


Related Questions & Answers

More Family Medical Leave Act questions and answers in California