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Laid off while pregnant, all other employees in department offered other positions.

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Jenni81

Junior Member
MA

I apologize in advance for the length of this, and thank anyone for reading and responding.

I notified my employer in July 2016 of my pregnancy with a due date of 03/04/17. In the fall, I questioned management as to when I should let my project teams know of my impending maternity leave and was instructed to "wait until after the new year" to notify anyone.

On 12/05, while 6 months pregnant, all employees were notified that our office was being closed effective 12/20. Myself and 2 others in the same position were notified that our positions were being eliminated and we would be laid off while all other employees within our department at this location were being transferred to home based positions and keeping their jobs. The exception being 3 other employees in other departments within our office who were laid off as of the closure date of 12/20/16.

The 3 of us in the same position within my department were temporarily transferred to home based positions from 12/20/16 through 01/31/17 all the while being instructed by management to not tell the other 3 employees who were laid off that we were being kept employed through 01/31. I was provided with the details for severance after a week of inquiry that I had not received anything and was advised by management and HR that due to my "unique situation" (being 8 months pregnant on the lay off date) they would be including a severance package of health insurance for 3 months along with 9 weeks of paid severance, only in the event that I sign a release of claims to not pursue legal action against the company. Being 6 months pregnant at the time of notification, I was obviously super stressed by everything transpiring and wanted to cover all of my bases. I contacted our state supported health insurance and applied to make sure that both my daughter who was due 03/04 and I would have health insurance as of 02/01 upon layoff as something felt off about the whole situation and I wanted to make sure that we would have health care regardless of what was transpiring.

The end of December I found out that our positions were not eliminated. The company hired new employees to fill our 3 roles in different offices in the country and we were instructed to welcome them and provide guidance on the studies they would be taking over. We were not given the option to move to another location; the company has a Boston office which remains opened.

Stress due to the lay-off caused my blood pressure to skyrocket which caused other pregnancy complications. I was admitted to the hospital for monitoring due to high blood pressure mid December ans again just after New Years as it has not lowered on 01/02/17. I was admitted to the hospital on bed rest and my daughter was delivered via emergency C-section two days later (9 weeks early) as I had severe pregnancy complications and almost lost both my and her life. My daughter was subsequently hospitalized in the NICU for 5 weeks.

While I was out on maternity leave, approved through FMLA, as of 01/03 with short term disability benefit only through 01/31, I attempted to log into my remote server to obtain all severance details. The company had apparently immediately cut me off from all remote capabilities and email. I contacted the Human Resources department to obtain a copy of the severance package, which was emailed to me but did not sign a thing as I was preoccupied with getting myself better and being with my daughter in the NICU.

Fast forward to the beginning of February, another employee of the company who I still remain in contact with emailed me very upset to advise that I was the only person laid off. The other 2 employees in the same position as I was from our branch were offered comparable home based remote positions with the company, I was laid off and not given the same courtesy while out on maternity leave.

I truly feel that the company attempted to get me into a corner being pregnant and needing health insurance post-layoff to sign a release of claims in order to make sure myself and my unborn daughter were covered, fully knowing that I was the only employee they would be laying off. I do not know if I legitimately have a case of discrimination and/or wrongful termination against this company but it certainly feels like it. Before I sign any release of claims, I just want to explore my options for legal action should I have any.
 


cbg

I'm a Northern Girl
Your situation is sufficiently complex that I would recommend that you review all the releases with a local attorney, who can also advise you on any legal claims you may have. There are a few too many permutations for me to be comfortable attempting to assess it on a message board.
 

commentator

Senior Member
I agree. This sounds like it could get a bit complicated. In the meantime, as soon as you are released to return to work, if you have not already done so, sign up for unemployment insurance benefits. They will have nothing to do with whether or not you were let go in violation of any labor laws. Being laid off from the company will qualify you as soon as you are released by your doctor to seek other employment, and people are laid off due to lack of work all the time during pregnancy and maternity leave. This gets you some income coming in, as any other legal recourse that you have will probably take quite a bit longer to unravel. It will not transfer, as in no information provided by you or by the company will be relevant to your other legal cases should you turn out to have one against your employer.

But talk to someone who is very attuned to the employment situation in MA and can look at your individual case as to whether you were targeted illegally due to your condition.
 

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