m****o
发帖数: 54 | 1 宝宝刚满月，我还在maternity leave 中，被通知layoff, 回公司后生效。
求推荐相关方面律师。 |
Z*****l
发帖数: 14069 | 2 bless
【在 m****o 的大作中提到】
: 宝宝刚满月，我还在maternity leave 中，被通知layoff, 回公司后生效。
: 求推荐相关方面律师。
|
w*******n
发帖数: 4188 | 3 这东西很难说,你确定是你自己因为生小孩lay off的?没有公司/部门lay off?
【在 m****o 的大作中提到】
: 宝宝刚满月，我还在maternity leave 中，被通知layoff, 回公司后生效。
: 求推荐相关方面律师。
|
p**m
发帖数: 3876 | 4 maternity leave之前performance如何？ |
o*****m
发帖数: 950 | |
i*****0
发帖数: 1113 | 6 It should be a good chance to gain some big bucks, if it is a big Company.
Call your local free law assistance first. Search on Google for their phone
numbers. they should be able to help you find a good lawyer.
【在 m****o 的大作中提到】
: 宝宝刚满月，我还在maternity leave 中，被通知layoff, 回公司后生效。
: 求推荐相关方面律师。
|
k*********t
发帖数: 2999 | 7 在加州很难。
phone
【在 i*****0 的大作中提到】
: It should be a good chance to gain some big bucks, if it is a big Company.
: Call your local free law assistance first. Search on Google for their phone
: numbers. they should be able to help you find a good lawyer.
|
n***b
发帖数: 5914 | 8 如果同时裁掉一批人就别纠缠了
【在 m****o 的大作中提到】
: 宝宝刚满月，我还在maternity leave 中，被通知layoff, 回公司后生效。
: 求推荐相关方面律师。
|
B*****i
发帖数: 583 | 9 如果你的group也有别人同时被lay off，那你不一定能拿到compensation。
【在 m****o 的大作中提到】
: 宝宝刚满月，我还在maternity leave 中，被通知layoff, 回公司后生效。
: 求推荐相关方面律师。
|
bz
发帖数: 1770 | 10 这个见得很多次了。只要不是针对你怀孕情况就没有办法。
【在 m****o 的大作中提到】
: 宝宝刚满月，我还在maternity leave 中，被通知layoff, 回公司后生效。
: 求推荐相关方面律师。
|
|
|
c*********r
发帖数: 2097 | |
f****6
发帖数: 412 | 12 Definitely talk to a lawyer. |
m****o
发帖数: 54 | 13 dir是个空降的老印，这次裁员是说两个部门合并。
我们这边这个职位本来就只有我一个人，另外一方具体不知道。
我老板在上周都完全不知道 |
s********n
发帖数: 943 | 14 you still need try.
each one is a special case.
【在 m****o 的大作中提到】
: 宝宝刚满月，我还在maternity leave 中，被通知layoff, 回公司后生效。
: 求推荐相关方面律师。
|
m****o
发帖数: 54 | 15 公司不大也不小。 总公司还算大。
我这个工作需要出差，由于怀孕，后期没法出差。 |
x*******1
发帖数: 1278 | 16 3个月short term disability，如果工作满1年，可以在加4个月，这段时间公司只能帮
你调换工作，不能解雇
★ Sent from iPhone App: iReader Mitbbs 7.28 - iPad Lite |
m****o
发帖数: 54 | 17 今天中午去问问一个律师。
其实我也知道99% 不太可能告公司，但是能不能多弄点package 呢？现在只给我4周
大家有什么好建议怎么去和HR谈么？ |
m**x
发帖数: 245 | 18 I knew a similar case. A mom sued BRCD and settled.
Definitely you can sue, most probably can settle. If your company is small (
<100 people) then just move on.
【在 m****o 的大作中提到】
: 今天中午去问问一个律师。
: 其实我也知道99% 不太可能告公司，但是能不能多弄点package 呢？现在只给我4周
: 大家有什么好建议怎么去和HR谈么？
|
q*****4
发帖数: 314 | 19 Asian Law Caucus是非盈利组织，他们有专业律师提供免费的劳工法咨询
可以先打电话预约
55 Columbus Avenue San Francisco, CA 94111
(415) 896-1701
【在 m****o 的大作中提到】
: 宝宝刚满月，我还在maternity leave 中，被通知layoff, 回公司后生效。
: 求推荐相关方面律师。
|
T****7
发帖数: 1613 | 20 just give it a try, no hurt. |
|
|
M*******c
发帖数: 4371 | 21 If you are sure the settlement is good that you do not need to find a job
anymore. |
l*****g
发帖数: 556 | 22 I'm not a lawyer. But my common sense is: you can find sue, and win a
settlement.
The whole process might take couple years though, and you might get
compensation between 4 to 12 months. Try to find a GOOD lawyer. In my
experience, chinese ones are not good; layers have ads in chinese newspapers
are not good as well. Normally lawyers will not charge you anything, but
will get 10 to 20% of your settlement compensation.
You might think the whole legal process takes too long, so not worth it. You
are totally wrong then. It will 1) give you extra cash finally, and there
is no FREE money here, every penny has to be earned anyway; think it as a
second career. 2) will help your mood to stay in positive side in this
transition period.
Meanwhile, you should apply for "california family leave" (baby bonding) at
the califonia EDD. They will pay you 6 weeks. And your employer has to
admit that they still hiring you, otherwise they will in big legal trouble.
In addition, federal family leave act require employer to guarantee position
for employee leave for up to 3 months.
In short, if I will you, I will find a good lawyer first. Apply for baby
bonding. And ask the lawyer to strike a deal with the employer or sue them.
If your employer gave you a big package(to say 12 month salary), then you
might be able to enjoy a 96 week(unemployment pay) + 6 weeks (baby bonding)
long "vacation" with HIGHER income than your regular pay.
【在 m****o 的大作中提到】
: 今天中午去问问一个律师。
: 其实我也知道99% 不太可能告公司，但是能不能多弄点package 呢？现在只给我4周
: 大家有什么好建议怎么去和HR谈么？
|
j*****g
发帖数: 739 | 23 This is a professional advice.
newspapers
You
【在 l*****g 的大作中提到】
: I'm not a lawyer. But my common sense is: you can find sue, and win a
: settlement.
: The whole process might take couple years though, and you might get
: compensation between 4 to 12 months. Try to find a GOOD lawyer. In my
: experience, chinese ones are not good; layers have ads in chinese newspapers
: are not good as well. Normally lawyers will not charge you anything, but
: will get 10 to 20% of your settlement compensation.
: You might think the whole legal process takes too long, so not worth it. You
: are totally wrong then. It will 1) give you extra cash finally, and there
: is no FREE money here, every penny has to be earned anyway; think it as a
|
c*********r
发帖数: 2097 | 24 牛逼的建议。professional 的英文。除了这句： “In short, if I will you”
newspapers
You
【在 l*****g 的大作中提到】
: I'm not a lawyer. But my common sense is: you can find sue, and win a
: settlement.
: The whole process might take couple years though, and you might get
: compensation between 4 to 12 months. Try to find a GOOD lawyer. In my
: experience, chinese ones are not good; layers have ads in chinese newspapers
: are not good as well. Normally lawyers will not charge you anything, but
: will get 10 to 20% of your settlement compensation.
: You might think the whole legal process takes too long, so not worth it. You
: are totally wrong then. It will 1) give you extra cash finally, and there
: is no FREE money here, every penny has to be earned anyway; think it as a
|
m****o
发帖数: 54 | 25 谢谢。已经开始和律师联系
我们公司现在给我算的最后一天就是CA paid family leave 的那一天。
但是好像没有查到说，保证工作3个月？这3个月是结束后还是maternity leave + PFL
那总共的12周呢？
还有H1b能否申请unemployment payment, 会不会影响绿卡的申请？
还是希望赶紧找到工作，顺利转好身份吧～
newspapers
You
【在 l*****g 的大作中提到】
: I'm not a lawyer. But my common sense is: you can find sue, and win a
: settlement.
: The whole process might take couple years though, and you might get
: compensation between 4 to 12 months. Try to find a GOOD lawyer. In my
: experience, chinese ones are not good; layers have ads in chinese newspapers
: are not good as well. Normally lawyers will not charge you anything, but
: will get 10 to 20% of your settlement compensation.
: You might think the whole legal process takes too long, so not worth it. You
: are totally wrong then. It will 1) give you extra cash finally, and there
: is no FREE money here, every penny has to be earned anyway; think it as a
|
F*******t
发帖数: 1283 | 26 that's why "回公司后生效". she's not laid off during her maternity leave,
but after.
【在 x*******1 的大作中提到】
: 3个月short term disability，如果工作满1年，可以在加4个月，这段时间公司只能帮
: 你调换工作，不能解雇
: ★ Sent from iPhone App: iReader Mitbbs 7.28 - iPad Lite
|
F*******t
发帖数: 1283 | 27 Federal Family and Medical Leave Act needs other conditions to qualify while
california family leave act doesn't gurantee your job position.
newspapers
You
【在 l*****g 的大作中提到】
: I'm not a lawyer. But my common sense is: you can find sue, and win a
: settlement.
: The whole process might take couple years though, and you might get
: compensation between 4 to 12 months. Try to find a GOOD lawyer. In my
: experience, chinese ones are not good; layers have ads in chinese newspapers
: are not good as well. Normally lawyers will not charge you anything, but
: will get 10 to 20% of your settlement compensation.
: You might think the whole legal process takes too long, so not worth it. You
: are totally wrong then. It will 1) give you extra cash finally, and there
: is no FREE money here, every penny has to be earned anyway; think it as a
|
l*****g
发帖数: 556 | 28 My English is VERY poor. Only reason I type English here is: I can't type
chinese.
LZ is on H1B, I guess the employer will have a more difficult time to explain
why layoff a H1B worker (which means they can't find equally qaulified
candidate otherwise) on maternity leave. A lawyer might be able to strike a
deal with them before suing. Besides money part, the employer might be
willing to keep her H1B status before she can find another job or so.
【在 c*********r 的大作中提到】
: 牛逼的建议。professional 的英文。除了这句： “In short, if I will you”
:
: newspapers
: You
|
M*******c
发帖数: 4371 | 29 in this economy situation, eliminating positions is perfectly normal.
Give it a nice try to argue on that part
explain
a
【在 l*****g 的大作中提到】
: My English is VERY poor. Only reason I type English here is: I can't type
: chinese.
: LZ is on H1B, I guess the employer will have a more difficult time to explain
: why layoff a H1B worker (which means they can't find equally qaulified
: candidate otherwise) on maternity leave. A lawyer might be able to strike a
: deal with them before suing. Besides money part, the employer might be
: willing to keep her H1B status before she can find another job or so.
|
p*******f
发帖数: 530 | 30 Be careful. Suing your employer may have consequenses on your future
employment. Nobody wants to hiring someone who sued their previous employer
for wrongful termination. Do some research before you jump in. The burden
is on you to prove they did something wrong.
If a position is eliminated, it is normal to be part of the layoff. I know
someone had a similar case.
【在 m****o 的大作中提到】
: 宝宝刚满月，我还在maternity leave 中，被通知layoff, 回公司后生效。
: 求推荐相关方面律师。
|
|
|
l*****g
发帖数: 556 | 31 There is no such concern. Future employer CAN'T find this out. All
confidential info.
employer
burden
know
【在 p*******f 的大作中提到】
: Be careful. Suing your employer may have consequenses on your future
: employment. Nobody wants to hiring someone who sued their previous employer
: for wrongful termination. Do some research before you jump in. The burden
: is on you to prove they did something wrong.
: If a position is eliminated, it is normal to be part of the layoff. I know
: someone had a similar case.
|
f*****i
发帖数: 3558 | 32 但是words spread,特别是行业不是很大，做久了基本大家都知道大家的
还是自己和公司的老板和hr好好商量看看能不能get better benefits. 真的要弄现在
也要收集证据。到时候公司里没人能再和你说任何公司里的事
【在 l*****g 的大作中提到】
: There is no such concern. Future employer CAN'T find this out. All
: confidential info.
:
: employer
: burden
: know
|
p*******f
发帖数: 530 | 33 Court records will be public. When potential employer check with your
previous empolyer for employment status they can mention the pending law
suite. Your boss/co-workers might not willing to be a good reference
knowing you are suing the company. Your previous employee may ask your boss
/co-worker to put in testify on behalf of the company that they did not
discriminate you.
If you feel you have a strong case and potential gain is huge then try it.
But law does not provide any job protection just because you are on
maternity/short term disability/pregenany. You have to prove that you were
discriminated/singled out because of your situation.
【在 l*****g 的大作中提到】
: There is no such concern. Future employer CAN'T find this out. All
: confidential info.
:
: employer
: burden
: know
|
j*****g
发帖数: 739 | 34 That depends. If the company fires or lays sb off under weak ground, its
managers or HR do not want to brag around to damage the company's
reputations either. In fact, lots of lawsuits are JUST dealt completely
inside. If the company or the management team or even LZ lets many others
know their lawsuits, it is often considered "collateral damage". Neither
side benefits from spreading this thing.
【在 f*****i 的大作中提到】
: 但是words spread,特别是行业不是很大，做久了基本大家都知道大家的
: 还是自己和公司的老板和hr好好商量看看能不能get better benefits. 真的要弄现在
: 也要收集证据。到时候公司里没人能再和你说任何公司里的事
|
l*****g
发帖数: 556 | 35 OK, my personal experience: sued a company after layoff. Nobody except HR
was aware of the legal process. I received settlement after 3 years, while
received multiple job offers during that period.
Managers who initiated the layoff were laid off as a side effect of the
legal process.
【在 j*****g 的大作中提到】
: That depends. If the company fires or lays sb off under weak ground, its
: managers or HR do not want to brag around to damage the company's
: reputations either. In fact, lots of lawsuits are JUST dealt completely
: inside. If the company or the management team or even LZ lets many others
: know their lawsuits, it is often considered "collateral damage". Neither
: side benefits from spreading this thing.
|
c*********r
发帖数: 2097 | 36 "Managers who initiated the layoff were laid off as a side effect of the
legal process."
赞这个。
while
【在 l*****g 的大作中提到】
: OK, my personal experience: sued a company after layoff. Nobody except HR
: was aware of the legal process. I received settlement after 3 years, while
: received multiple job offers during that period.
: Managers who initiated the layoff were laid off as a side effect of the
: legal process.
|
m**x
发帖数: 245 | 37 totally SB Communist GCD logic. Retaliation, retaliation .....
boss
were
【在 p*******f 的大作中提到】
: Court records will be public. When potential employer check with your
: previous empolyer for employment status they can mention the pending law
: suite. Your boss/co-workers might not willing to be a good reference
: knowing you are suing the company. Your previous employee may ask your boss
: /co-worker to put in testify on behalf of the company that they did not
: discriminate you.
: If you feel you have a strong case and potential gain is huge then try it.
: But law does not provide any job protection just because you are on
: maternity/short term disability/pregenany. You have to prove that you were
: discriminated/singled out because of your situation.
|
j*****g
发帖数: 739 | 38 haha...I, as a boss, approve the following message, and "to all former or
current employees, do not mess up with your boss if you get fired or laid
off."
boss
were
【在 p*******f 的大作中提到】
: Court records will be public. When potential employer check with your
: previous empolyer for employment status they can mention the pending law
: suite. Your boss/co-workers might not willing to be a good reference
: knowing you are suing the company. Your previous employee may ask your boss
: /co-worker to put in testify on behalf of the company that they did not
: discriminate you.
: If you feel you have a strong case and potential gain is huge then try it.
: But law does not provide any job protection just because you are on
: maternity/short term disability/pregenany. You have to prove that you were
: discriminated/singled out because of your situation.
|
i*****0
发帖数: 1113 | 39 顾虑太多了，典型的老中特性？难怪别人觉得欺负老中就是白欺负，因为知道老中怕麻
烦。
boss
were
【在 p*******f 的大作中提到】
: Court records will be public. When potential employer check with your
: previous empolyer for employment status they can mention the pending law
: suite. Your boss/co-workers might not willing to be a good reference
: knowing you are suing the company. Your previous employee may ask your boss
: /co-worker to put in testify on behalf of the company that they did not
: discriminate you.
: If you feel you have a strong case and potential gain is huge then try it.
: But law does not provide any job protection just because you are on
: maternity/short term disability/pregenany. You have to prove that you were
: discriminated/singled out because of your situation.
|
