this post was submitted on 01 Aug 2024
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Work Reform

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That Bethesda Union looking even better now.

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[–] [email protected] 26 points 1 month ago (2 children)

There are two possibilities. Either:

  1. 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

  2. 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.

[–] [email protected] 7 points 1 month ago

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.

[–] [email protected] 3 points 1 month ago

Speaking to a lawyer? That'll be $400 an hour.