Legal Question in Employment Law in District of Columbia
Maternity Leave/Terminating
Please email me and let me know what your view/and or opinion is about the following:
I was basically forced to resign from my position. I was away on maternity leave and when I returned the position that I had was taken over by temp employee. There was virtually no work to be done beside sit at my desk all day. My supervisors began nit picking if I went to the restroom, and rumors went around that my supervisor was upset about my maternity leave situation. In essence they tried to fire me by saying I was doing nothing, but gave me nothing to do!
2 Answers from Attorneys
Re: Maternity Leave/Terminating
I need more information to give you a full opinion. What type of work did you do? Were you working under a contract? It sounds as if you quit. What were the circumstances of your leaving? Did you talk to your boss about your problems?
Generally, an employer can't retaliate against you for being on maternitity leave, and you have a right to return to the same or similar job at the end of your leave.
How, exactly were the conditions of your work different upon your return?
When did all of this happen? You have a relatively short time period to file a discrimination claim (180) days.
Please feel free to contact me via email, [email protected], or by phonee (301) 991-9280 with more information if you need a more detailed opinion.
Re: Maternity Leave/Terminating
Your employer was not required to return you to the same position upon your return from maternity
leave. If they wanted to pay you for doing nothing
and make things slightly uncomfortable for you at the same time, they can do it, and as far as I know, under the scenario you describe, which includes a voluntary, albeit coerced resignation on your part, you have no realistic legal recourse.
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