Scenario: Jane is a consultant that Max has hired on several occasions. She is tenacious, competitive, and an overall exceptional worker. When a full time position comes up in his company, he decides to try to lure Jane to work for him. Max offers Jane a lucrative salary package. Jane is 20 weeks pregnant, a fact Max already knew when he offered the job. Jane cannot decide whether or not she should take the job. Here are the relevant facts:
Jane currently works for a large, nation wide company, and it bases its employment laws in California law. The offer is not close enough to her current job that it would cause any non-compete issues (you do not need to evaluate).
Max’s company has about 150 employees in the State of Florida.
Jane has worked in her current role for 5 years.
Max’s company follows all the laws Federally and through the State of Florida, but his employee benefits do not go beyond the scope of the state and federal mandates. They offer a decent health insurance package so they do not have to worry about the Affordable Care Act.
Jane’s husband, Brad, started a new job 1 month ago.
Jane will receive a 20% raise if she accepts this offer.
There are all kinds of considerations to start a job, but pregnancy poses a few more challenges. Jane comes to you to get advice. What legal issues should she consider? Do you advise she takes the job?
