Lady Lawyers, a question.

[picksthemusic]

Not seeking actual legal advice, but I would like to know - how illegal is it for a company to lay off an employee while they are on medical leave?

I realize it's unethical - just looking at the legal and if we have a chance with a case.

Also, any recommendations for an employment lawyer?

Thanks!

[Deleted]

not a lawyer but you can call L&I too. They should be able to advise of your rights.

[picksthemusic]

I Googled, and while it says for employers to be careful about it, it is legal, especially if they have documentation that the employee would have been let go anyway, regardless of leave status at the time.

So.

[ilovebed]

I'm sorry I'm not going to be much help because I don't know a whole lot about employment law. I do know that WA is an at-will employment state so anyone can be terminated for any non-discriminatory reason. FMLA might apply but I don't know that much about it. I know someone who was let go during maternity leave but I believe her employer had to keep her on through her paid maternity leave. She was basically let go effective on the day she would have returned to work...I think.

[larzhope]

I think it depends on whether FMLA is still in effect, since FMLA offers job protection, but I'm not 100% sure (and obviously not a lawyer)

[WOT?*]

Even under FMLA it can be done, if it can be shown that the position would have been terminated during the FMLA leave or there is valid reason for the termination. WA is an at-will state so they can terminate you for no reason at all if you're not a protected class (maternity could be protected since it can - and is - argued that it's gender specific and therefore protected by the sex/gender classification.) But it's still possible. And as ilovebed stated, they should be required to maintain employment as long as the disability (because maternity *is* a disability - ergo short and long-term disability insurance) is in effect.

I would recommend speaking with an employment lawyer to see if your rights were violated. Or contact the EEOC, who will be able to advise you. (I'm not a lawyer but married to an employment lawyer and used to para for personal injury/medical negligence with some employment and civil rights violations and business practices law - in another state.)

[picksthemusic]

Thanks everyone - things are working out fine, and I looked up the law - it was rightful, since his position was eliminated.

Still sucks, but we're doing okay.