> Discuss Your Legal Issue > Ask a Lawyer > Labor and Employment > Is it legal to be fired after returning from maternity leave

Is it legal to be fired after returning from maternity leave

1 Answers. Asked on May 11th, 2017 on Labor and Employment - North Carolina
More details to this question:
Two days after returning to teaching at a private school from maternity leave I was evaluated by my leave replacement. The classroom routine and curriculum had changed while I was out on leave. I had a meeting to discuss how and why Hingis were changed but no evaluation form was given. Three weeks after returning I was terminated. At the termination meeting I was given the evaluation form.
Answers Showing 1 out of 1
Answered on May 12th, 2017 at 5:31 AM

This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful only if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination.

In your specific situation, there is no law that provides specifically for maternity leave.  However, the FMLA protects your job while out on maternity leave as long as you are eligible for FMLA.  If you were terminated due to your use of FMLA, then you could have a claim. Additionally, there may be some situations where you could claim that you were terminated due to your sex if the maternity leave was the reason for the termination.

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

Report Abuse
Labor and Employment
Labor and employment attorneys can help both employers and workers prevent, address and resolve a variety of issues related to the employer-employee relationship. Small business owners and managers should consult with employment lawyers when crafting employment policies (including those related to hiring, affirmative action, compensation, medical leave and sexual harassment); negotiating employment contracts, non-compete agreements and severance agreements; and resolving employment-related personnel disputes. Workers should talk to a labor and employment law firm before signing any job-related contracts and for help addressing issues related to discrimination, harassment, Americans with Disabilities Act (ADA) accommodations and Family and Medical Leave Act (FMLA) requests.
Have an Labor and Employment Question?
It’s Free & Easy.
Ask a Lawyer
Top Contributing Lawyers
Mark Tischhauser, Esq.

Attorney - Florida

332 Answers, 19 Legal Topics

Patrick Johnson

Attorney - Tennessee

243 Answers, 44 Legal Topics

Michael D. Siegel

Attorney - New York

167 Answers, 27 Legal Topics

Michael E. Fiffik

Attorney - Pennsylvania

134 Answers, 22 Legal Topics

Lori Nevias

Attorney - New York

119 Answers, 32 Legal Topics

Ms. Maryellen Sullivan, Esq.

Attorney - Maine

102 Answers, 4 Legal Topics

R. Sam Price

Attorney - California

94 Answers, 14 Legal Topics

Labor and Employment Local Law Firms  
In United States change location
Please select state Update
Do It Yourself Legal Forms

Popular Forums