Unemployment or paid family leave? In NJ

amother

Sun, Apr 07 2024, 8:23 pm

amother Bottlebrush wrote:

Unless they are downsizing multiple employees and not replacing those employees, or making whole departments redundant, she has a case. Even if there is cause that she was a bad employee, it is extremely stupid for an employer to fire a woman while pregnant/giving birth as it’s very hard to prove it wasn’t at all related. Most companies would ride it out another 6m-year and then let her go just to avoid a lawsuit which she can probably win. Clearly they aren’t that smart to begin with if they are already telling her that she is going to be let go once the baby comes, that’s literally giving her cause for her case against them

Personally I was let go close to my due date, though the entire company was being shut down and no longer operational. A couple key employees stayed on to help take it apart but thats all, I wasn’t replaced, they didn’t give the job to someone else who was more available or would take a lesser salary

I’m guessing from the size of OPs company that they aren’t doing mass layoffs and instead just replacing her as an isolated event. So yes, she has a very strong case and they would most likely offer to settle before letting it go in front of a judge

They basically replaced me with someone else who is probably cheaper then me and probably better for the job then me. But what proof do I have? They are also claiming they might need me next year but I think that that's just to cover their themselves for not firing me and they wnt actually need me and I'm obviously not waiting around 6 months for them

amother

Bottlebrush

Sun, Apr 07 2024, 8:45 pm

amother OP wrote:

Steps I would take:

1. Try to get as much proof as I can in writing, that they are replacing you and telling you that once you give birth you will be let go. I would send my boss an email pretending to clarify something regarding the timeline or transition with the new employee so they can respond confirming or stating what’s going to happen, and viola you have proof

2. Gather everything needed to file for unemployment, as once the baby comes it will be harder. Fill out the application with as much info as you can provide and wait until you are officially fired to file, but this way it’s all prepped

3. Reach out to an employment lawyer. Give them the background and any correspondence you have acquired and let them tell you what they think. For all you a letter from this lawyer will scare them enough to offer you a very nice severance package/settlement to stay out of court which can cover you until you find a new job. A lot of lawyers in this field offer free consultations so it won’t cost you anything to see if you have a case to begin with

Lastly, them telling you they might hire you back next year does not absolve them of any responsibility here, if anything that makes it look much worse. Like basically saying they don’t want you while you will be on maternity leave or dealing with an infant, but once that time passes they will hire you back. That would literally go towards your case of being fired due to childbirth, which is illegal.

Please reach out to a lawyer, and please try to get all of this in writing!

amother

Sun, Apr 07 2024, 8:49 pm

amother Bottlebrush wrote:

Problem is it's not exactly an office job and I don't email my boss ever. They told me in person and I wish I have it in recording but I obviously don't because it was unexpected. There is no way for me to go and email them to clarify cuz it wld need to be in person which is what is really screwing me over..

amother

Bottlebrush

Sun, Apr 07 2024, 10:30 pm

amother OP wrote:

So then either have the conversation in person or over the phone, and record it

amother

Winterberry

Sun, Apr 07 2024, 10:51 pm

amother Bottlebrush wrote:

So then either have the conversation in person or over the phone, and record it

Check with a lawyer about recording conversations. Not legal in every state to do without 2 party consent, not sure NJ.

But you can follow up with a text message "confirming your intent to let me go after I give birth".