Were You Terminated After Taking a Leave Of Absence?
- Mar 4, 2021
- 5 min read
Updated: Dec 5, 2022
Were you wrongfully terminated after taking a leave of absence in California? Consult with an employment lawyer right away.
Various labor and California leave of absence regulations protect you as an employee in Los Angeles. California, in particular, has more protected rest of absence laws than other states. If you are wrongfully terminated after taking a leave of absence, you need to consult with a pre-screened Los Angeles Employment Lawyer immediately.
Let's discuss a leave of absence from work and possible wrongful termination cases in California.
Compared to nationally protected leaves, qualifying workers in California have the freedom to take days off for various reasons. There are only a few examples; pregnancy-related disabilities, the desire to donate an organ or bone marrow if you need to take care of an ill family member, military leave, or any other medical or personal issues.
If your employer refuses to give you paid or unpaid medical or sick leave because you or a family member has a critical health problem, the employer is in gross violation of the CFRA.
When this occurs, you'll need an experienced California Employment Lawyer to defend your interests. A wrongful termination attorney in Los Angeles will know how to find proof, file the right paperwork, negotiate in your interests, and represent you in court should the need arise.
What Are the Benefits of California Leave Laws?
Employees in California are protected from unfair discrimination, intimidation, or retaliation due to seeking or taking a leave of absence in California. Employees in California can take time off from work, and managers cannot penalize them for exercising that right.
The California Family Rights Act (CFRA) says that employees in California have the right to paid or unpaid leave. For each year they work for the same employer, the California Family Rights Act requires qualifying employees in California to take up to 12 weeks of paid or unpaid job-protected leave. You could file a complaint against your employer if they treated you badly after you asked for or took a medical leave.
If you've been fired because of taking a leave of absence from work, you might be able to file claims for wrongful termination in California.
To explore your legal options, contact our find an experienced AND pre-screened California Employment Lawyer by requesting a lawyer referral.
Types Of Protected Leave of Absence In California.
Employers must take into account the personal interests of their employees. California laws were created with the employee's interests in mind. California has some of the most liberal leave laws in the country, making California workers among the country's best-protected workers when it comes to taking time off.
Any of these rules would almost certainly apply to the average California boss. The following are some of the states and federally mandated leaves open to qualifying California employees:
Family & medical leave (FMLA)
The California Family Rights Act (California Family Rights Act (CFRA)
Pregnancy leave under the New Parent Leave Act
Service Leave for Military Personnel
Activities and Appearance at School Domestic Violence, Sexual Assault, and Stalking Victims are entitled to leave.
Victims of Crime Leave
Jury Service and Witness Protection
Voting
Leave for Organ and Bone Marrow Donation
Availing of any of these shouldn't get you fired. If you do, then it can be considered an act of wrongful termination in California. If you've been fired illegally, contact one of our prescreened top employment lawyers in California ASAP. A wrongful termination attorney in Los Angeles will know their way around employment law and can help you decide your best legal option.
What Is Family Medical Leave Act (FMLA) or Sick Leave?
The most popular form of protected leave of absence is FMLA leave. The Family and Medical Leave Act (FMLA) requires an individual to take unpaid leave to care for a personal health problem or that of a family member, friend, or domestic partner. Employees are entitled to take up to 12 weeks of sick leave for these purposes.
The company must comply with the FMLA when it has at least 50 workers. If you believe your rights under the Family Medical Leave Act have been violated, contact an experienced solicitor to resolve your situation.
Discrimination And Retaliation By Employers Are Illegal Under The Law
The idea that California's leave laws are "protected" is the most significant feature. This ensures that a California employer is forced to rehire qualifying workers to their former job or a comparable position at the termination of maternity leave or other leave of absence. After all, it's pointless for an employee to take a "leave of absence" if they won't be able to come to work when it's done.
Employers in California are prohibited from discriminating against, retaliating against, or otherwise taking adverse workplace action against workers who seek or take a leave of absence. All of the following may constitute unlawful prejudice or retaliation against an employee who takes a safe leave of absence:
Wrongful demotion
Wrongful refusal to promote
Threats by your employer
Harassment
Intimidation by your employer
Coercion by your employer
Legal Remedies on Employer Leave Law Violations
Employers who fail to comply with state and federal leave regulations also abuse the interests of California workers. These workers will be unaware that they have legal recourse if they are in this position. Any deserving person who is denied the legal right to take a leave of absence without penalty can be able to sue his or her employer.
Under California law, employers are not allowed to interfere with an employee practicing or trying to practice their covered leave rights. Medical leave for you or a family member with a critical health problem is an example of covered leave.
Employees who have been refused the freedom to take a safe leave of absence or who have been disciplined or discriminated against for demanding or taking leave may be entitled to bring a complaint alleging a violation of the left rule.
That said, if you find yourself in any unjustified trouble for taking a leave of absence from work, hire one of our prescreened top employment lawyers in California ASAP. A wrongful termination attorney in Los Angeles will have ample experience with shady employers and will know how to pursue their clients' interests.
Find Pre-Screened Los Angeles Employment Attorneys Specializing In Protected Leave Of Absence Law
Your employer is in breach of California Employment Law if you claim you were wrongfully terminated for taking a protected leave of absence. If your manager refuses to give you paid or unpaid leave, request a referral for a California Employment Attorney as soon as possible.
Our pre-screened California Employment Attorneys are well-versed in California employment law and have ample experience defending the interests of California employees whose employers have broken the law.
With our legal assistance, you can find reputable employment lawyers to file a lawsuit against your employer for violating the California leave statute to reclaim your work and/or recover unpaid pay and other punitive losses.
When your company tries to take advantage of your employee's rights to maternity leave and other protected leaves, you'll need a reputable and honest Employment Lawyer in Los Angeles.
How Do I Request An Unbiased Referral To A Pre-Screened, Ethical Employment Lawyer in Los Angeles?
You can submit a request online 24 hours a day. Free case review within 15 minutes.
By chat, you'll be connected with a Los Angeles Employment Lawyer specializing in California wrongful termination within 5 minutes.
By calling the employee right's 24-hour hotline at 1-661-310-7999
Related Articles:
.webp)