Laid Off The Day I Returned From Maternity Leave
I was a top executive-level employee for 6 years with an exceptional performance history at a small business. I took an agreed-upon maternity leave and the very first meeting upon my return, I walked into a meeting and found out I was being laid off.
However, there are many sketchy details. Sorry in advance that this is so long, but this is very complicated and ultimately, I'd like to see if I have a case or can at least leverage all these details for more severance.
Here are some timeline facts:
- Interference & Pressure While on Leave: While on leave, my former employer contacted me repeatedly asking to perform work and explicitly asked if I could return early and end my leave to return early at the 9-week and 11-week marks, in addition to other "check-ins". Exercising my rights, I declined and stated that I was eager to return to work, but that i needed to recover well so that I could return well. These check-ins prove that at some point while on leave, I still had a job.
- Day-1 Termination: On the exact day I returned to the office from my 12-week leave I was immediately terminated by my former employer. (Important note: HR of the company was not present. An outside "mediator," who is also part of the former employee's family, was present. She does not work for this company but is contracted. She gave a biased view about how "devastated" my boss was about this, which I feel is coercion and definitely not a neutral position.)
I was told my role was being "dissolved" and there was a reorganization/restructure. She gave mixed and vague responses on when this was decided. Another employee stated that he believed that if I returned to work earlier and ended my leave early, I'd still have a job.
- Pre-Planned Replacement: While I was away on approved leave, the company actively hired a new full-time W-2 employee to absorb 50% of my exact daily job responsibilities.
- 1099 Misclassification Scheme?: My former employer claimed my position was being "eliminated due to a job analysis and dissolving." However, they immediately offered to let me keep the remaining 50% of my exact same internal duties if I agreed to become a part-time 1099 independent contractor. They wrote out what my duties would be.
- Whereas proving that my role was not actually "dissolved" as 100% of the duties would still need to be performed, whether by me as a contractor or the new hire.
- Verbal Admission of Pretext?: In our termination meeting, my former employer explicitly stated on the record that my firing had "nothing to do with my performance and was strictly due to a company restructuring."
- Severance Package & Duress: My former employer spoke as if I would already accept the 1099 contract role. The mediator had to urge her to show me the other offer, which was a 12-week severance package. However, the written draft deceptively characterizes our split as "amicable" and "mutual" rather than an involuntary position elimination. It was also not mutual. She presented the severance package but tried to take the written separation agreement away after she presented it, as to push me to take the contract role. I did NOT sign anything. Also, the mediator again had an unbiased view by saying "these are generous offers" and "trust God in this."
I'm consulting with legal. I wonder if I should just fight for a higher severance package, or take this further? There are just so many sketchy details that add up. But, I also really don't want to fight. I'm exhausted and this is taking away time from my baby.
Again, sorry this is so long. Would love to hear thoughts.
Location: NC
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