Laid Off

Daneicy80 · October 2014

So yeah, it just happened... my boss called me into his office and told me that I will not have a job to come back to after my maternity leave. He said I could finish out my last two weeks and still collect disability/family leave insurance (NJ) but after that I'm done. Such mixed emotions right now, I mean I most likely wasn't going to return anyway but it still stings to be told you're not needed.

Anyone go through anything similar? Just wondering how this will all play out between disability and receiving unemployment. I need to talk to my HR person to find out more. Still kinda in shock.

Daneicy80 · October 2014

He told me that my job was being eliminated. I currently work part time and he said that they are doing away with my part time position and replacing it with a full time project manager (different job) instead. They will be looking to hire someone with "more experience" in that area... I'm in inside sales right now.

nextworldwonder · October 2014

That is BS. I am so sorry for you. Definitely look into the legality of it all. It comes across super sketchy

abcmom12 · October 2014

This really sucks but your position is not being eliminated, it's being expanded to full time. And I don't think according to FLMA they can fire you now. Yea, call HR.

*interwebs hugs*

mlee116 · October 2014

No advice, but I'm really sorry. It sucks to have something like that happen when you aren't prepared.

Mead2142 · October 2014

I was fired just one week after I told a previous boss I was pregnant. He came up with some crazy excuses about my performance even though I had just had a review and it was amazing. My friend and friends were really mad and wanted me to sue but in the line of work i'm in it would black list my name if word got around. I was really depressed at first because I had tried to do everything right before getting pregnant but you just don't have control over anything. Be thankful you can work right up to babys arrival. People kept telling me everything happens for a reason, I hated hearing it in the moment but I believe it now. I'm sorry you're going through this, its no a fun situation

Daneicy80 · October 2014

Thanks for all the support everyone, I don't really plan on questioning the legality of it all... trying to look at the bright side and fully embrace being a SAHM for as long as it may last.

@Mead2142 - that really sucks, I'm sorry you had to go through that. I try to believe that everything happens for a reason but sometimes it just doesn't make sense.

krystrist2014 · October 2014

Havent been laid off myself, but I was concerned about the possibility of it since my company was downsizing and laying people off in the first few months after I found out I was pregnant. The one thing I would say is to look on the bright side... being laid off is better than quitting after mat leave because this way you get a severance and also qualify for unemployment insurance. I know it still sucks to be told you are no longer needed

but try and see the glass half full if you can.

marriedinaugust · October 2014

That sucks. But as a part time employee your job may not have been protected anyway. I'm glad you were planning on staying home anyway. Now you can enjoy your time and not be scrambling to find a job while you snuggle your baby.

JunkieBrewster · October 2014

Daneicy80 said:

So yeah, it just happened... my boss called me into his office and told me that I will not have a job to come back to after my maternity leave. He said I could finish out my last two weeks and still collect disability/family leave insurance (NJ) but after that I'm done. Such mixed emotions right now, I mean I most likely wasn't going to return anyway but it still stings to be told you're not needed.

Anyone go through anything similar? Just wondering how this will all play out between disability and receiving unemployment. I need to talk to my HR person to find out more. Still kinda in shock.

This happened to me. I took a nice severance and became a sahm.

JunkieBrewster · October 2014

misskilljoy said:

Daneicy80 said:

So yeah, it just happened... my boss called me into his office and told me that I will not have a job to come back to after my maternity leave. He said I could finish out my last two weeks and still collect disability/family leave insurance (NJ) but after that I'm done. Such mixed emotions right now, I mean I most likely wasn't going to return anyway but it still stings to be told you're not needed.

Anyone go through anything similar? Just wondering how this will all play out between disability and receiving unemployment. I need to talk to my HR person to find out more. Still kinda in shock.

Is he even allowed to do that? Why were you laid off? And was it "laid off" (as in should a job opening come up, you get first dibs before an external candidate is hired) or fired?

In the US, many states are right to hire states, which mean that can fire you for ANY reason, even if they don't like your haircut.

FMLA only protects you if you work enough hours, and if your company has over 50 people.

My boss straight up told me "You are having a kid, and Amy is not" so I COULD have sued anyway, I just did not.

Cheekers2010 · October 2014

Whoa-that stinks! I'm glad you were at least thinking of not coming back.

AColeman82 · October 2014

They can't fire you or lay you off strictly because you are pregnant...but if there are other reasons and documentation of the other reasons then yes they can (at least here in TX). I ended up in the middle of a unemployment case years ago because a fellow employee thought she couldn't be fired because she was pregnant so she only showed up part of the week and when she was there she sat back with her feet up and refused to do anything. Office manager had to document specific incidents where she did not do her job..dates and times etc. I had to write a letter verifying incidents and all that jazz.

katnine · November 2014

I was laid off in May and they gave me health insurance till end of the year and a severance package. Then hit by an uninsured driver two weeks later. Still unemployed and it sucks! I'm on my own and praying by March or April I can have a full-time job. It's frustrating and sad but at least you were thinking about not returning.

ColoradoBoat · November 2014

Definitely check in with HR. I know I can only collect STD if I work until I go into labor. And employers will often work with u so u can get the benefits u need (bc they know u r less likely to sue, then). And they r in a tricky place with u being pregnant. Push and ask for what u need. So sorry and best of luck!

gdaniels77 · November 2014

So sorry to hear you're going through this, I understand the sting of it considering the timing.
DH just got let go yesterday, not as seemingly discriminatory since he himself is not pregnant. But they were aware he would be taking some time off for the arrival of his new baby come December and coincidentally they waited to let him know until he finished his part of their big deadline. Stress level just went skyrocketing considering he's the main breadwinner of the two of us.
If you've been paying into unemployment as well (which I know many times is an automatic withholding) I'd check into it too.
Best of luck, I understand where you're coming from. But I am also a firm believer of everything happening for a reason, even if it may not make sense right now.

hollieandaaron2012 · November 2014

That sucks! Hopefully you can get unemployment for a while after the STD.

allitor12 · November 2014

I'm sorry to hear that. As pp said at least you can potentially claim unemployment now since you were laid off which will give you some time off with your LO and get some benefit.

beaniousmaximus · November 2014

At my boyfriend's work, one of the employees took maternity leave about a year ago. From my understanding, when this employee comes back they HAVE to give him a job with the same hours and pay as before. It doesn't necessarily need to be the same position though. I would definitely look into it, because that doesn't seem right...I'm in Canada btw.

byrne15 · November 2014

My position was "eliminated" when I was 31 weeks pg with ds#2. Like you said, I wasn't sure if I was going to go back or start per diem, but it was sad having the decision made for me.

They ended up moving my position to another building to finish up (I worked until 39 weeks). Then I took my disability and ended up going per diem after that.

At the time, it was somewhat devastating but it actually turned out to be the best thing ever.

Mikesfan · November 2014

****Every state is different so try not to listen to the well meaning posts above as only NJ can dictate what can and can't be done to you.

In NJ if you work for a company of 50 or more they cannot give away your position. Its called FMLA (not to be confused with NJFMA which is state funded).

Although, when a position is laid off, thats kinda their get out of jail free car. They cannot fire you, they cannot replace you, but you can be laid off.

The good news? You will be able to collect "unemployment after disability" in this case for a very good number of weeks (which you would not have been able to do if you didn't go back on your own accord) so it may be a bit of a blessing in disguise.

I work for the NJ Dept. of Labor...this is my job...processing these claims, so if you have questions, PM me (can't get into much more publicly).

Daneicy80 · November 2014

@Mikesfan thanks for that info... I just sent you a PM.

Mikesfan · November 2014

pooky08

FMLA in NJ is defined as 50 people or more in your company thus guaranteeing your spot is available when you return. You must have worked at the company for THEIR specified amount of time not to exceed 12 months. So if you have worked for them for a year or more and the company has 50 or more people they have to pay for your leave and they cannot give away your spot.

NJFMLA is different in that the company doesn't pay for the leave but the state of NJ does. The company is NOT legally bound to hold your spot if you do not meet the time requirement for working there. NJFMLA is generally a 6 week program that can be taken any time in the first year from birth and is considered "bonding time" for mothers and babies and/or newly placed adoptees.

NJ offers disability insurance so you can take that for 4 weeks before the birth as well as 4 weeks after (6 for a csection) and you may follow it with NJFMLA for an additional 6 weeks bringing your total to appx. 12 weeks.

If the company eliminates the position, you will qualify for for unemployment after disability and depending on the election it is anywhere from 66-99 weeks.

Teachers and union workers have a whole different set of rules.

PM questions.

Eora3 · November 2014

My company "out sourced" my entire department while I was on bedrest with my older son. I got a pretty good severance but I was still pretty bummed. I was going to be a SAHM for a while anyway, but I really liked the job and would probably have gone back after a year or so. I was actually a little surprised at how emotional I was about it at the time.

Make sure you are communicating with your HR department regarding benefits and severance and get everything you can in writing.

If there is any possibility that you might want to go back to work in the future, ask for copies of performance reviews and letters of recommendation (it might be impossible to get them later). You might want to make some notes about specific projects and goals you accomplished so you have a reference for updating your resume later too.

Kmm1023 · November 2014

No experience but sorry for the timing of all this! Hopefully thins will work out to your benefit!

RaeChay · November 2014

if I were laid off I think I'd be throwing a party.

sorry it's not like that for you though.

Laid Off

Re: Laid Off

Choose Another Board

Search Boards