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pay. Shortly thereafter, petitioner became pregnant with twins,
and her pregnancy was evaluated as high risk.
Because of complications with her pregnancy, petitioner was
away from work from September 10 until October 8, 1996, during
which time she applied for and received disability benefits. Two
months after petitioner returned to work, her doctor advised her
to decrease her work hours, and 2 days later petitioner’s doctor
advised complete bed rest. Petitioner went on family leave on
December 13, 1996, and stayed on family leave until April 30,
1997. That period included 1 month after petitioner delivered
twin boys prematurely by Cesarean section on March 30, 1997.
Sometime late in May 1997, petitioner contacted Liberty
about returning to work and was informed that there was no
position available for her at that time. Liberty terminated
petitioner’s employment on June 22, 1997.
Lawsuit and Settlement
Petitioner filed a charge against Liberty with the Equal
Employment Opportunity Commission alleging unlawful
discrimination. Petitioner also retained an attorney to
represent her after Liberty terminated her employment. On March
25, 1999, petitioner filed a complaint against Liberty in the
U.S. District Court for the District of New Jersey (the lawsuit).
The complaint raised six causes of action: (1) Unlawful
discrimination against petitioner because of her pregnancy; (2)
breach of contract; (3) breach of implied covenant of good faith
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