Q: Can I sue for termination during maternity leave in NJ without notice?
I have been employed with my company for almost 3 years, and while I was on maternity leave, I was informed verbally about my termination two weeks before I was supposed to return. No formal writing or prior notice was given, and there had been no communication about company policy changes. Can I sue the company for terminating me under these circumstances?
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A:
In New Jersey, it is illegal for employers to terminate employees due to pregnancy or maternity leave, as this violates both state and federal laws, including the New Jersey Family Leave Act (NJFLA) and the Family and Medical Leave Act (FMLA). If you were on maternity leave and your employer terminated you without any formal notice or explanation, you may have grounds for a legal claim.
The lack of prior communication about company policy changes and the verbal nature of the termination could be important factors in your case. Under both NJFLA and FMLA, employers are generally required to provide written notice of any employment changes, including termination, and they must follow a clear process, especially for employees on protected leave.
To pursue legal action, you would need to gather evidence, such as your termination notice (or lack thereof), any communication with your employer, and proof of your maternity leave status. It could be beneficial to consult with an attorney who handles employment law to explore your options for filing a claim and potentially suing for wrongful termination based on maternity leave.
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