this post was submitted on 01 Aug 2024
552 points (98.8% liked)
Work Reform
9970 readers
6 users here now
A place to discuss positive changes that can make work more equitable, and to vent about current practices. We are NOT against work; we just want the fruits of our labor to be recognized better.
Our Philosophies:
- All workers must be paid a living wage for their labor.
- Income inequality is the main cause of lower living standards.
- Workers must join together and fight back for what is rightfully theirs.
- We must not be divided and conquered. Workers gain the most when they focus on unifying issues.
Our Goals
- Higher wages for underpaid workers.
- Better worker representation, including but not limited to unions.
- Better and fewer working hours.
- Stimulating a massive wave of worker organizing in the United States and beyond.
- Organizing and supporting political causes and campaigns that put workers first.
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
That employee needs to get over her simping mentality and sue for the gender discrimination Bungie is blatantly guilty of. I don't give a shit if they happened to be doing a mass layoff at the same time; you don't get rid of somebody right before their already-scheduled maternity leave!
I'm not sure you have a case if the percentage of women on maternity leave in the fired group is roughly the same as in the non-fired group.
If it isn't illegal to fire people taking maternity leave specifically, which I don't think it is in the US, you're out of luck. The only illegal thing is firing people because of maternity leave. Since there was a mass layoff, it can easily be argued that the maternity leave was not the reason.
The US needs better labor laws, and thus unions. An individual can't do anything against it.
In fact, there's an argument to be made that they must terminate her, because Terminating everybody but those with scheduled maternity leave has a disparate impact on employees who are not pregnant.
There are two possibilities. Either:
The decision to lay the person off was made before the maternity leave was scheduled, in which case I'd argue she has a case for detrimental reliance, or
The decision to lay the person off was made after the maternity leave was scheduled, in which case a prima facie assumption is fair to make that the taking of leave obviously colored the supervisor's evaluation and contributed to the layoff, and the burden is on the employer to prove otherwise.
Or option 3: manager made sure not to discriminate against non-maternity-leave people by not overly firing them compared to people on maternity leave.
If they only fired people not on maternity leave, they could sue about being discriminated against.
Speaking to a lawyer? That'll be $400 an hour.
Seriously? It happened to someone I used to work with (last November). Except they laid her off while she was on maternity leave.
My wife was at home for 3 months before the birth of our child and 2 years afterward. I always considered that not enough.
I can't imagine living in a country where you could be laid off before or even worse during your maternity leave.
honestly it is also hard for me to imagine living in the country i live in
Your former coworker should sue, too.