Really bad day...

FromBtoZ

I was told today that my company has to cut 2-3 people, and I'm supposed to be one of them since I'm "going to be on leave anyway".  Umm, yeah actually I will be on leave, UNPAID, starting Dec 13th and they can't wait 9 days?  I requested to just continue as planned and work until Dec 10th and then I would take a voluntary lay-off.

So now if they lay me off they have to pay unemployment, which is fine, but I was told that they don't want to do that and they want to lay me off now.  I am looking into legal advice to see if they can even do that. Anybody experience this or know what to do in this situation? 

rainydayluck

Were you planning on taking FMLA? I heard it is really hard to fire someone on FMLA and I think their reasoning is stupid. I am sorry

[Deleted User]

Yeah, that sounds a little sketchy.  Esp. the since you were already going part.  I would definitely check into it.  Had you filed your FMLA paperwork yet?  Sorry, that sucks.  They shouldn't be such jerks, esp. at the end of your pregnancy. 

tiffanyp

Whatever you do, don't quit. They are laying you off, and they will have to pay unemployment. They can't get out of that just because you were going to be on maternity leave anyway.

 I know it sucks to get laid off, but at least you can collect unemployment now, for as long as the benefits last. This could work out better in the long run, because you can take longer than 12 weeks now. 

FromBtoZ

rainydayluck:

Were you planning on taking FMLA? I heard it is really hard to fire someone on FMLA and I think their reasoning is stupid. I am sorry

Conveniently for them, I don't qualify for FMLA because they only have 17 employees.  From what I understand, they have to have 50 employees or more to be bound by that law.  

 I know in the long run it will be nice to get paid something while on leave, but I just wish they would respect my request to work the next 9 days as planned and THEN lay me off. That's the part I"m having difficulty with.  I will make more in those 9 days working than if I collect unemployment.  This is coming a year after they cut all of our pay by 10%!  Plus I'm management and I'm the first person they choose to lay off?  It just doesn't sit well with me. 

Thanks for the  support ladies! I appreciate it.