The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide up to 12 weeks of unpaid leave to employees who are ill, pregnant, new parents, or those who need to care for an ill family member. An employer who fires you during or after your leave may face consequences because these laws require that your job or a similar one be available when your leave ends.
Firing you could be disability discrimination, especially if it violates the California Fair Employment and Housing Act (FEHA). Even if you have already taken your 12 weeks’ leave, the FEHA requires employers to reasonably accommodate disabled employees. If you experience a Sacramento FMLA leave wrongful termination, a skilled attorney at Erkel Law, P.C. can review your situation and correct the injustice.
The FMLA and CFRA prohibit employers from interfering with an employee’s right to take family leave. Sometimes employers will retaliate by demoting an employee, reducing their wages or hours, or creating a hostile work environment to force the employee to quit.
Wrongful termination may also include claiming an employee’s job is no longer available, so they are not reinstated, or fabricating performance reviews to justify dismissal.
Often, the timing of a termination indicates an employer’s true intentions. For example, the employee may return to work after family leave and is then fired for reasons such as company downsizing, restructuring, or poor performance. If you experience wrongful dismissal when your job-protected leave ends, a Sacramento FMLA lawyer from Erkel Law, P.C. can investigate your case and act on your behalf.
Employers also have a responsibility under the FEHA to provide “reasonable accommodations” to employees with temporary mental or physical disabilities, and this can exceed the 12-week leave period. The FEHA does not put a time limit on leave if it is reasonable and you have supplied a return-to-work date. An employer must prove that granting additional leave under the FEHA causes them undue hardship. However, historically, the FEHA has determined that additional leave does not generally cause harm to successful employers, who must have a compelling reason to fire you after taking leave. Reasonable accommodation includes:
In many cases, employers cannot deny your request for additional leave or additional accommodations. They must work with you in a timely and good-faith manner to determine actions that meet your needs without causing undue hardship to the business. If your Sacramento employer punishes you after taking FMLA leave by wrongfully terminating your employment, call Erkel Law, P.C. to explore your options.
An employer who engages in wrongful termination of a Sacramento employee taking FMLA leave should face consequences. An attorney can provide notice to your employer, get your job back, or hold your employer accountable for your loss of income and emotional stress. Erkel Law, P.C. believes in justice and fair play when an employer dismisses you without cause. Call now to learn what your rights are and how an attorney can help you uphold them.
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