Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a question around maternity, labor law and workplace…

Hello, I have a...

Hello, I have a question around maternity, labor law and workplace discrimination.

Lawyer's Assistant: Was this discrimination issue discussed with a manager or HR? Or with a lawyer?

Neither yet.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will, salaried.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My wife is returning to a previously "work from home" job tomorrow after 3 months of Maternity leave. She was notified this past Friday she needs to drive 1.5hrs 1-way to an office with no maternity support or lose her job. Basically, no notice with plenty of undue hardship on our part (sudden daycare needs). I'm basically just wondering if there is some legal way for us to angle to keep her job for a bit while she gets out of there.

Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
3/25/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,215
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Legal Question

I’m sorry to hear about your situation. I have dealt with some terrible co-workers, managers, and subordinates in my time. It’s one of the reasons I decided to become self-employed is because I just couldn't take it anymore.

Nonetheless, it’s important to analyze the law in this situation. Harassment/retaliation/discrimination is against the law; however, employment law only makes it against the law if the basis of these actions by the employer are based on your race, gender, age, religious affiliation, sexual orientation, or disability. If she were still pregnant, then the employer would be required to provide some reasonable accommodations to her to assist. But since she has had the baby, she wouldn't be considered disabled under these circumstances so she will have the same protections as any other non-disabled employee.

Ask Your Own Legal Question

Employment law doesn’t necessarily cover people who act like jerks. In some states, contract law may help if an employer doesn’t act in good faith. Under the Uniform Commercial Code, any party to any agreement (including employment agreements) has to act in good faith with one another. The failure to do so could be a breach of contract. It’s one of the possible legal solutions, but not always the most practical one.

Ask Your Own Legal Question

The one thing that you could do is keep a lawsuit in your back pocket for your wife. What I mean by this is if the issues continue, then you may want to consider a lawsuit for intentional infliction of emotional distress. IIED means that if someone is intentionally causing severe emotional distress in another, then you may be able to recover for the damages that occurred (e.g. therapist bills, lost wages, medications, etc.). Your wife would have to prove that she suffered damages as a result of this schedule change, but employees have used this tactic when employers have done the same things yours has.

Did you have any other questions for me today that I could help you with?

Ask Your Own Legal Question
Customer reply replied 28 days ago
Ok, thanks for all that detail. We do have proof that there are a number of other men and women who work out of this office, but are not required to commute to the office every day as she is now being required, but in general is sounds like it's best to just exit the situation.

I would concur. I have had employers try hard to push a long commute and it almost never works out. Before it wears on her health and your family, I would see into her finding alternative employment. I know it sounds easier than it is to do because finding a new job is just the worst, but so is a 1.5 hour commute.

Did you have any other questions for me today that I could help you with?

Ask Your Own Legal Question
Customer reply replied 28 days ago
Ok, thanks for you help. I don't have any other questions.

Excellent. Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. You can save me as a favorite if you would like.

  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

  5. Don’t forget to tell your friends about justanswer.com!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,215
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 28 days ago
Great, might be handy to have someone to call for legal advice and you sound pretty level headed. I'll add you to the favorites. Have a good day.

Thanks so much! I sincerely ***** *****

Ask Your Own Legal Question
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,215
10,215 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I need to sue a company for breach of contract. Florida.
Locating the companies main address and the name and address of the factious certificate holder … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
DO YOU TAKE BREACH OF CONTRACT CASES INVOLVING NOT ONLY THE
DO YOU TAKE BREACH OF CONTRACT CASES INVOLVING NOT ONLY THE CONTRACTOR BUT ALSO THE COUNTY HOUSING DEPARTMENT? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a breach of contract. a prommisory note needs to be
I have a breach of contract . a prommisory note needs to be enforced.. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Right to appeal My husband was sued for breach of contract
My husband was sued for breach of contract in Newton County, Missouri. What are the steps necessary to file an appeal, if we can? … read more
Legal Eagle
Legal Eagle
Lawyer
10,215 satisfied customers
I tried to connect to a breach of contract link, as well as
I tried to connect to a breach of contract link, as well as a demand letter link, from our conversation on Nov 4, 2017. I received an ERROR message. The issues that were at hand then, are ongoing. My … read more
Legal Eagle
Legal Eagle
Lawyer
10,215 satisfied customers
I have a question about a contractor's breach of contract.
I have a question about a contractor's breach of contract. He contracted to build the home for $200,000. 10 months later, with no warning and no notice, he advised my daughter (it's her home) that he … read more
Bill Attorney
Bill Attorney
law
2,022 satisfied customers
Can you sue a real estate agent for breach of contract if
Can you sue a real estate agent for breach of contract if you discover they did not have your best interest in mind or gave you false information? As a first time homebuyer, I believe my agent purpose… read more
Legal Eagle
Legal Eagle
Lawyer
10,215 satisfied customers
In contract law, the first party breaching a contract cannot
In contract law, the first party breaching a contract cannot hold the other party to enforcement of the terms of the contract, as the contract was broken by the first party. … read more
Legal Eagle
Legal Eagle
Lawyer
10,215 satisfied customers
My question is regarding a breach of contract. I live in
My question is regarding a breach of contract. I live in Arizona, and signed a 3 year contract as a news producer for a media company. I broke it after working for 9 months. The news director (my mana… read more
Legal Eagle
Legal Eagle
Lawyer
10,215 satisfied customers
For you. My first question was about breach of contract with
A follow up for you. My first question was about breach of contract with my billing company and my physician group. I am debating the Breach of Contract Letter and appreciate you advice. My new questi… read more
Legal Eagle
Legal Eagle
Lawyer
10,215 satisfied customers
I sued my landlord for breach of contract for refusal to
I sued my landlord for breach of contract for refusal to repair and having his city inspector friend approve the property for rent although they both knew it had not passed health and safety code for … read more
Legal Eagle
Legal Eagle
Lawyer
10,215 satisfied customers
I have a question in regards to a breach of contract with
I have a question in regards ***** ***** breach of contract with vehicle … read more
Legal Eagle
Legal Eagle
Lawyer
10,215 satisfied customers
Promissory Estoppel vs Breach of Contract. California
Second opinion] Promissory Estoppel vs Breach of Contract … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Promissory Estoppel vs Breach of Contract. California
Promissory Estoppel vs Breach of Contract JA: What state are you in? It matters because laws vary by location. Customer: California JA: Has anything been filed or reported? Customer: No. JA: Anything … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 satisfied customers
If a Corporation breaches someones contract and files
If a Corporation breaches someones contract and files bankruptcy in New York does that relieve them from the offense they vomited. If not what Orof civil procedure governs that.… read more
Lori
Lori
Juris Doctor
1,067 satisfied customers
I need to file a response to a pettioners breach of contract
i need to file a response to a pettioners breach of contract claims … read more
Ray
Ray
Lawyer
Doctoral Degree
32,108 satisfied customers
Breach of contract EMPIRE TODAY- I have a contract for
Breach of contract EMPIRE TODAY- I have a contract for install and removal for flooring. It's day 35! The disaster started 1st day, the salsa person measured incorrectly the worker showed up- yelling … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Is it a breach of contract if the custodial parent moves the
Is it a breach of contract if the custodial parent moves the children to a different medical insurance without notice?From the Final Decree: The court finds that Health and Dental Insurance for the children is available at a reasonable cost to the Father....If, at some point in the future, the Mother becomes eligible for insurance and wants to move the Children to her policy and Father agrees, Father shall be responsible for 50% of the cost of insurance; Father may refuse to transfer the Children to Mother's policy if his portion of the cost of such policy exceeds the premium he then is paying for comparable coverage through his employer.Today: I discovered, the Mother now has free insurance for the children. She switched the kids over to the new policy 2 years ago. However, I've been paying about $450 per month. Which means, I'm paying $450 for no reason. Is this willingly breaching a contract with the intent to cause financial harm? Or, what would be the outcome of this?… read more
Legal Eagle
Legal Eagle
Lawyer
10,215 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x