Los Angeles FMLA leave wrongful termination cases often involve workers who lose their jobs soon after taking time off for a serious health condition or to care for a family member. This can feel especially unfair and confusing. However, the law protects employees in these situations, and a wrongful termination attorney at Erkel Law, P.C. can help protect your future when your employer violates your rights.
More than one law may help you take the medical leave you need, including the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).
Under the CFRA, an eligible employee may take up to 12 weeks of unpaid, job-protected leave in a 12-month period for a serious health condition, to care for a family member or domestic partner with a serious health condition, or to bond with a new child.
To qualify, you must generally have worked for a covered employer with at least five employees for a minimum of 12 months. You must also have worked at least 1,250 hours in the past 12 months.
If your employer fires you for taking FMLA-protected leave in Los Angeles, you may have a wrongful termination claim.
Even though the state follows an at-will employment rule, your employer cannot fire you for an illegal reason, including taking protected leave. In Los Angeles, dismissal related to family or medical leave may be unlawful if your employer:
A lawyer at Erkel Law, P.C. can review emails, performance reviews, and company policies to see if the stated reason for your termination is valid or just an excuse.
Medical leave cases often overlap with disability discrimination law. The California Fair Employment and Housing Act requires employers to reasonably accommodate employees with disabilities. In some cases, a serious health condition that qualifies for leave may also qualify as a disability.
Reasonable accommodations can include modified work schedules, temporary reassignment, or additional unpaid leave beyond the 12 weeks, depending on your unique situation.
Your employer must discuss possible accommodations with you, as ignoring requests or cutting off communication can violate the law. If your employer in Los Angeles refuses to grant you leave to accommodate a disability and then fires you, that could constitute both wrongful termination under the FMLA and disability discrimination.
If you suspect your dismissal connected to family or medical leave in Los Angeles was illegal, it is important to act quickly. There are strict deadlines for filing claims, and waiting too long can limit your options.
A lawyer can review the timeline of events, examine employment records, and determine whether you properly requested and received approval for the leave. They can also assess evidence of retaliation or discrimination and calculate lost wages and benefits. In doing so, they can seek the full value of the claim, which could include back and front pay, emotional distress damages, and even punitive damages in some cases.
The law gives clear protections to eligible workers who choose to take medical leave. If you were fired after requesting or taking protected leave, a lawyer experienced in Los Angeles FMLA leave wrongful termination cases can explain your rights and review the facts of your dismissal. Contact an attorney at Erkel Law, P.C. today for help taking your next step.
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