Fired Before Maternity Leave, Help!

Navigating the circumstances of being fired before taking maternity leave can be challenging for expectant mothers. It is important to understand the legal protections and rights provided by the state's employment laws. New Jersey has implemented laws to safeguard the rights of pregnant employees, such as the New Jersey Law Against Discrimination (NJLAD) and the Pregnancy Discrimination Act (PDA). These laws prohibit employers from discriminating against pregnant workers and ensure that they are not unjustly terminated because of their pregnancy. Additionally, the Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) provide eligible employees with the right to take unpaid leave for pregnancy-related reasons. In New Jersey, if you face termination just before your planned maternity leave and have not done anything wrong that would result in being terminated, seeking the assistance of a lawyer can be instrumental in protecting your rights and seeking appropriate legal remedies. Here are ways in which a lawyer can help in such a situation.

Legal Evaluation

A lawyer specializing in employment law can evaluate the circumstances of your termination and determine if any laws have been violated. They will review the details of your case, including your employment contract, maternity leave plans, and any evidence of discriminatory actions or retaliation.

Understanding Your Rights

A lawyer will explain your rights under New Jersey's employment laws, including the New Jersey Law Against Discrimination (NJLAD) and the Pregnancy Discrimination Act (PDA). They will help you understand if your termination violated any of these laws and provide guidance on the appropriate legal actions you can take.

Negotiation and Mediation

A lawyer can represent you in negotiations with your former employer. They can advocate on your behalf, seeking remedies such as reinstatement, severance pay, or other compensation. If appropriate, they can also explore mediation options to resolve the issue outside of court, potentially resulting in a satisfactory resolution.

Filing a Legal Claim

If negotiations or mediation do not yield a satisfactory outcome, a lawyer can help you file a legal claim. They will guide you through the process, ensuring that all required documentation is properly prepared and submitted within the specified deadlines. They will present your case before the relevant employment tribunal or court, seeking appropriate remedies and compensation for your unjust termination.

Protecting Your Rights

Throughout the legal process, a lawyer will work to protect your rights and ensure that you are treated fairly. They will provide guidance on steps to take to preserve any evidence or documentation related to your case and advise you on how to navigate any potential challenges or obstacles.

David Kaplan Can Help

By seeking the assistance of a lawyer in New Jersey, you can benefit from their expertise in employment law and their commitment to protecting your rights. They will work to hold your employer accountable for any wrongful termination and pursue the appropriate legal remedies to ensure justice is served in your case. Attorney David H. Kaplan is well-versed in all things maternity leave and helps get you the benefits you deserve. To schedule a consultation, contact the law offices of David H. Kaplan today.