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I have an employee who went on disability for ...

Sent to Employment Law Experts April 29 11:59 AM

I have an employee who went on disability for maternity reasons and then to maternity leave, since she left, her job has been absolbed and I really don''t have work for her. I have 40 something employees so I fit under the 50 mark. If I let her go am really liable in any way?

 

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long island city, New York

Already Tried:
nothing

Customer (name blocked for privacy)
Status:  Closed   Value: $30
Answer
April 29 12:06 PM (6 minutes and 16 seconds later)
         
ACCEPTEDCheck Mark

Dear Customer (name blocked for privacy):

It sounds like you are not obligated to provide FMLA leave. However, remember, just because you are not liable in actuality may not prevent a newly terminated employee from filing suit against you. She may feel like she is being discriminated against because she was pregnant (a form of gender discrimination) and out on disability before her actual leave. In which case you will have to show that her job was legitimately terminated and that you do not have work for her.

You may want to meet with a local employment law attorney to ensure that you have all your ducks in a row in terms of being able to cover yourself if this allegation were to be made.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT



The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state.

KAT
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LawGirl -- Lawyer -- 100% Positive Feedback on 432 Employment Law Accepts
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Reply
April 29 12:10 PM (4 minutes and 13 seconds later)
         
Reply to LawGirl's Post: how do I prove that I do not have work for her, I have hired and fires three people that are in a related spot she is in, since she left
Customer (name blocked for privacy)
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