Frequently Asked Questions
Our Most Frequently Asked Questions
Pregnancy is a beautiful time, but it is also a time when many pregnant individuals experience increased discrimination in the workplace. Discrimination on the basis of pregnancy is illegal. Period. It can look like a sudden reduction in hours, change of assignment, termination without any other cause (or a BS excuse) following the announcement of your pregnancy, and more. We cover pregnancy discrimination in the Mamattorney Academy; going over what it is, why it happens, and what to do if it happens to you.
Going back to work following a parental leave can be a really emotional time, even if you love your career. Much like during pregnancy and leave, it is important to know that there are laws in place to protect you, including lactation rights, postpartum accommodations, and leave extensions. We dive into these in the Academy.
The Family Medical Leave Act (FMLA) is your federal leave entitlement if you are a qualified employee. This allows you to take up to 12 weeks of unpaid, job-protected time off from work once qualified. Your state rights are your state’s individual rights surrounding leave. And when these rights are enhancements on the federal law (much like they are in California), these state rights supersede federal laws to give you more time off, and often, partial wage replacement. We cover federal and state-specific parental leave rights in the Mamattorney Academy, so you can be clear on your rights surrounding your maternity leave.
Equal Pay rights mean you are entitled to equal pay for the same or substantially similar work. The biggest thing most people don’t know about Equal Pay rights is that you do not need to have the same job title as someone to compare salaries. You just need to be doing the same work. We go over your equal pay rights, including what they are, getting paid your worth, employer excuses, and pay secrecy in the Academy. Don’t leave money on the table! Beyond simply deserving equal pay for equal work, you are legally entitled to it.
While there are some amazing HR professionals out there, the reality is that most HR representatives are stuck between a rock and a hard place. While they may have signed up to create a better workplace, their paycheck relies on the employer, which means they are often tasked with being the mediator who ultimately protects the employer. Many companies also place people in HR positions who are not formally educated in that field. Combine that with the fact that the law is constantly evolving, and you have a recipe for an HR department that may not know your rights, or may be sharing limited or wrong information with you. When it comes to communicating with HR, I generally recommend that you tell them your rights. Follow up by asking them to confirm. I go over communications with HR and provide scripts and emails in the Mamattorney Academy. This is important information for moms and non-moms alike.
Your company must comply with the laws of the state you live and work in. For example, if you live in California and work remotely for a company based out of Texas, your employer must comply with California law.
Check Here if You May Be in Need of Legal Assistance
While many areas of the law require hourly billables, plaintiff side employment law, the kind of law I practice, typically does not. If you need legal representation because your rights have been violated at work, please reach out. I work with my clients on a contingency basis. This means I do not get paid unless we win your case, or achieve a desired outcome outside of court.
I charge 40% contingency for all of my litigation or negotiation cases. That means you don’t pay me one dime. 40% is standard in employment law. To access my intake form, please click here.
If you do not want to litigate and are simply seeking advice, I charge an hourly rate of $330-500/hr depending on your issue and urgency. We also offer paid consultations depending on your needs. Fees for paid consultation are $400/hr, or $200/half hour. If my rate is too expensive, you can join my low cost membership here.
Yes! I am connected to a network of like-minded attorneys that I know and trust. These attorneys are personal connections that I have vetted. I know they practice according to the same values and will not scam you. I know they have your best interests at heart. I am happy to put you in touch with the attorneys in my personal network. Please click here.
If you are not in need of an attorney but are simply seeking an understanding of your rights, you can also join my Academy.
At-will employment does not mean what most people think it means. It means that employers can fire employees for any reason or no reason but not an illegal reason. Employers still have to follow the rules. All of my clients are at-will clients, and still have a case.
It is a big myth that going the legal route means you won’t be able to find another job. It’s just not true. Companies don’t broadcast that they’ve been sued, and if they continue to retaliate that’s actually illegal too. They will be extremely careful once attorneys are involved. There is nothing protecting your reputation now. As an attorney I actually have a lot of power to negotiate terms to protect your reputation, to ensure that you can get rehired and you will still be able to list this job on your resume.
Yes. In all of our cases, our clients were given a bogus reason for the termination, but the true reason was illegal. Companies are smart like that, but we are smarter. It’s my job not just to prove the legal reason but also to disprove the bogus reason.
There are a myriad of legal protections for employees out there, but most of them are never taught to us, nor are they easy to understand. Because of this, it can be difficult to know if you have a case. If you are experiencing mistreatment at work or suspect illegal conduct, we are so sorry, and we believe you. The best way to know if you have a case is to reach out via our intake form. Please be complete and transparent. As a potential client, all information you provide to us is CONFIDENTIAL. Your information is kept on a secure system and will never be shared outside of our firm. We are fierce employee advocates, and we are here to help, so do not hesitate to reach out.
Severance packages and how to navigate the negotiation process is really individual. Please fill out our intake form here to get in touch on best steps.
Absolutely! These are done via our paid consultations, which can be accessed once you go through our intake process.
You can book a paid consultation with me by going through my intake process. I offer 30 and 60-minute sessions.
This is illegal, and you should consult with an attorney.
This is illegal, but does happen. A common excuse is that they could not hold the job as it was a burden on the business. Another common tactic is calling it a “budget cut” situation, while still actively filling new roles (oftentimes even rehiring for the role you were terminated from). Whatever the case, if you took a leave you were legally entitled to, your job must be returned to you. If your employer is refusing to reinstate you in this instance, please consult with an attorney.
Get the Guide
What’s Inside: Pregnancy Rights, Maternity Leave Rights, Paternity Leave Rights, Rights After The Leave Ends, Working Mothers’ Rights, Pumping At Work Rights.
READY TO LEARN HOW TO ADVOCATE LIKE A LAWYER?
The Mamattorney Academy
Have you noticed how no one has ever taught you about your rights at work? And we mean ALL of your rights, because we promise you that you have more rights than you think you do. Let’s change that!
Join our Academy and learn what your rights are and how to advocate for yourself while protecting your professional track. Using the law as a tool, you will become empowered to propel yourself into a life on your own terms. Learn how to transform this knowledge into ACTION.
The Academy provides all of Daphne’s secrets, provided through videos, checklists and handouts. It also provides step-by-step “how to” scripts and tools so you can succeed as a woman in the workforce. It has scripts to give notice of pregnancy, ask for maternity leave, set up a pumping plan, request equal pay and address discrimination or harassment. Learn how to get paid during your time off. You deserve a workplace worthy of your time and talents. Connect with other powerful women who are educated advocates through community and support.