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New mother claims violation of FMLA in termination of employment

For many women in Colorado, becoming a new mother is usually one of the happiest times in life. The anticipation during the pregnancy - and all of the struggles - pays off when a woman gets to hold their new baby at the hospital. However, this joyous time can be interrupted for a working mother when her employee rights are violated.

This appears to have been the case for one woman who was employed as an adult probation officer when she got pregnant. According to a recent report, the woman, who has filed a civil lawsuit against her former employer alleging a violation of the Family Medical Leave Act, has stated that she first noticed a change with her employer when she gave notification that she intended to take maternity leave. Apparently, shortly after she gave this notification her supervisor had a conference with her, at which time he discussed - for the first time ever - problems with the employee's performance.

The woman remained at her position, however, and eventually she did take maternity leave as scheduled. The reports indicate that she was on leave from her employment for approximately five months. During her leave, however, it appears that her employer was quite busy searching through the employee's files looking for any excuse to document further "performance issues." The woman knew about this activity because she was informed by fellow co-workers who were in fact the ones instructed to look through the files.

When the woman did return to work after her maternity leave, she wasn't there for long. The employer, apparently having completely an exhaustive investigation, informed the woman of multiple alleged issues with her performance. The employment arrangement between the woman and the probation department was subsequently terminated. Now, the woman is claiming in her lawsuit that her decision to take maternity leave under the protections of the FMLA was one of the driving factors behind the termination of her employment.

Colorado residents facing similar problems may not know what their rights are in such situations, but an experienced attorney may be able to assist them in asserting their rights during difficult times.

Source: The Pennsylvania Record, "Former adult probation officer for Delco sues county over discriminatory termination," Jon Campisi, Mar. 12, 2014

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