So, the vital question is: can my employer fire me for taking medical leave?
No. Legally, an employer cannot discharge an employee for requesting or taking medical leave to care for themselves or a close relative.
Additionally, medical leave taken in accordance with the FMLA or California's parallel CFRA law is job-protected. This indicates that an employee who needs to take a medical leave of absence is allowed to return to the same or a comparable job position.
So, if it's considered illegal, you can sue, right? Yes, but like most civil lawsuits, you need to meet requirements for your claim to be considered viable.
Let's look at what our experienced California employment law attorneys have to say about it:
Let's Talk About Wrongful Termination In California Labor Law
Before filing a wrongful termination claim in California, you need to understand how the law works and what you need for a successful claim.
Granting Leave Of Absence Is Considered An Accommodation For Disabled Employees
Employers with at least five employees are required to consider whether they can grant you an extended leave as a reasonable accommodation for your health condition, even if you do not meet the requirements for medical leave due to factors such as part-time employment, less than a year of work, or another reason.
Several variables, such as the nature of your work, the size and resources of the firm, your health, and the amount of leave you have already accrued, will determine whether an employer must offer you an extended leave.
So, if you've been fired, harassed, or discriminated against at work because you took leave, contact a California FMLA lawyer to ensure the success of your case. Your California employment law attorney can represent you in settlement negotiations, collect evidence, and advise you on the best legal actions to take.
What Can You Get From A Successful Employment Law Claim In California?
There are two scenarios that would qualify as a successful claim in California: either you take things to court and win or end up with an out-of-court settlement.
How much you'll get from it is calculated based on the following factors:
- Income loss
- Lost benefits
- Emotional distress
Although rare, you might also be awarded punitive damages. This type of damages is reserved for particularly egregious circumstances, often as a way to punish or "make an example" of the defendant. It also deters other employers from doing the same thing.
You Need To Prove Your Termination Is Related To Your Leave Of Absence In California
Of course, businesses rarely admit to firing a worker for taking or needing a medical absence. Your company can tell you that there is another cause for your termination, such as subpar performance or a layoff.
If this occurs, the issue is whether the employer is lying. A judge or jury can find the employer's excuse was a false pretense if you had a strong performance history before asking for leave but were abruptly written up and dismissed.
Additionally, if you are "laid off" but no one else is fired, or if you get the same or a comparable position, your employer probably has another reason, such as your medical leave.
Hence, finding evidence to support your wrongful termination claim in California is critical. You should contact an FMLA lawyer in Los Angeles ASAP if your employer rejects your request for a medical leave of absence or fires you in its place.
Hire A California Wrongful Termination Lawyer Near Me
Have you experienced retaliation in the workplace? 1000Attorneys is a California State Bar Certified lawyer referral service that links clients with fitting California employment law attorneys.
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