Will my wife qualify for unemployment benefits if she was terminated after going back to work from maternity leave? 8 Answers as of August 15, 2013

My wife started her job October of last year and went on maternity April of this year. She received her full 12 week benefits through disability. She went back to work this past week and they are talking about terminating her position. Can she qualify for unemployment if they do?

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WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
Based on what I understand the facts, yes, she will qualify for UI, if her employer "terminated her position". In Ga, "terminating her position" is a lay off, due to lack of work. The fact that she is back from maternity leave has absolutely no impact on the answer. She does not get extra credits for being a new mom. She does not have any added job protection. Perhaps, in her absence, they decided they could get along without her.
Answer Applies to: Georgia
Replied: 8/15/2013
KEYL ADR Services, LLC | Mark D. Keyl
If she is let go, she should be eligible for unemployment. Be careful that she not sign anything that would look like a resignation.
Answer Applies to: Mississippi
Replied: 8/15/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
In all probability she will qualify for unemployment, but more information would be required before providing definitive advice. Obviously, your wife needs to retain a lawyer because the devil is in the details in the situations. Your wife may also have claims for sex discrimination, and she should discuss them with your counsel.
Answer Applies to: New York
Replied: 8/15/2013
Law Office of Jack Longert, LLC | Jack Longert
There may be a problem if she did not work enough before last October. No reason not to apply and find out.
Answer Applies to: Wisconsin
Replied: 8/15/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Generally yes.
Answer Applies to: Michigan
Replied: 8/15/2013
    Law Offce of Richard N. Grey | Richard N. Grey
    Your wife should qualify for unemployment benefits if she is terminated from employment by elimination of her position. This could also constitute a possible violation of her rights due to her pregnancy. It is suggested that you contact the California Department of Fair Employment and Housing ("DFEH") concerning pregnancy discrimination if she is terminated.
    Answer Applies to: California
    Replied: 8/15/2013
    Fox & Fox, S.C. | Richard F. Rice
    The State of Wisconsin unemployment office determines if your Wife is eligible for benefits, not the employer. Your Wife should immediately contact an attorney to determine if she is being wrongfully terminated.
    Answer Applies to: Wisconsin
    Replied: 8/15/2013
    Geneva Yourse | Geneva Yourse
    If the employer is eliminating your wife's position at no fault of your wife, she should be eligible for benefits.
    Answer Applies to: North Carolina
    Replied: 8/15/2013
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