{"id":10035,"date":"2019-04-05T18:40:08","date_gmt":"2019-04-05T18:40:08","guid":{"rendered":"https:\/\/www.losangelesemploymentattorney.org\/?page_id=10035"},"modified":"2025-12-11T22:00:42","modified_gmt":"2025-12-11T22:00:42","slug":"despedido-por-licencia-medica-2","status":"publish","type":"page","link":"https:\/\/www.losangelesemploymentattorney.org\/es\/practice-areas\/fired-on-medical-leave\/","title":{"rendered":"Despedido mientras estaba de baja m\u00e9dica"},"content":{"rendered":"

\"Fired<\/a><\/p>\n

Do you have a serious medical condition that required you to take time away from work? Sadly, many people who are sick of injured find themselves out of work on a permanent basis, even though certain laws protect them from being fired while they are out on medical leave. The vast majority or workers in California are eligible for unpaid, job protected leave when they have a serious illness or injury. Thus, you may have grounds to sue your employer for wrongful termination if you were fired while on medical leave.<\/p>\n

It\u2019s essential that you speak with a wrongful termination lawyer as soon as possible if you suspect that you were fired illegally. The legal experts of California Labor Law Employment Attorneys Group are here 24\/7 to answer your questions and help you come up with a plan of action. Please get in touch at your earliest opportunity and schedule a free case evaluation.<\/p>\n

Your Right to Seek Medical Leave<\/h2>\n

Are you entitled to medical leave from your job? That depends on your eligibility under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). Both of these laws have to do with extended medical leave in the event you or a family member is suffering from a serious medical condition. The FMLA applies in employment settings with at least 50 workers within a 75 mile radius. To qualify for the CFRA, you must work for an employer with at least 5 employees.<\/p>\n

With either the FMLA or CFRA, you must have worked for your employer for at least 12 months and accrued 1,250 or more work hours within the past year. So, if you can meet check off all these requirements, you can seek medical leave for up to 12 weeks within a 12-month periods. You do not have to take all 12 weeks off at the same time, and your employer must hold your job open while you are on leave.<\/p>\n

Can My Employer Fire Me While I am Out on Leave?<\/h2>\n

It\u2019s not impossible to fire an employee while they are taking medical leave if there are serious issues regarding their job performance. However, employers cannot use an employee\u2019s medical condition or their need for extended leave as a basis for termination. That would be discrimination against a protected characteristic under both state and federal laws.<\/p>\n

So, workplace discrimination that results in termination is illegal, but you can still be fired for legitimate reasons, such as:<\/p>\n

    \n
  • Engaging in conduct that is prohibited by the employer<\/li>\n
  • Failing to meet performance metric and goals associated with their position<\/li>\n
  • Poor attendance or work performance prior to being injured or diagnosed with a health condition<\/li>\n<\/ul>\n

    \u00bfMe despidieron injustamente?<\/h2>\n

    It can be quite confusing at times to figure out if your termination was unlawful. After all, we just went over some reasons as to why someone can be fired, even if they qualify for FMLA or CFRA leave. One element that defines a wrongful termination is whether your employer broke an existing employment contract or violated a federal or state employment law.<\/p>\n

    For example, let\u2019s say you were diagnosed with cancer and as a result, you asked your employer for a more flexible schedule. The schedule changes would not affect your ability to perform essential job duties within the required timelines, but it would make it easier for you to fit in treatments at the hospital and get some rest afterwards. Your employer refuses to approve these reasonable accommodations and starts to treat you differently from everyone else by excluding you from work events and holding you to exceedingly high standards.<\/p>\n

    At some point, you need to take a few weeks off to focus on more intensive treatments, which you are entitled to under the California Family Rights Act. Right before you are supposed to come back from leave, you receive an email from Human Resources, telling you that you no longer work for the company. Because of the events leading up to your termination, there\u2019s a good chance that you were discriminated against and terminated as retaliation for seeking medical leave.<\/p>\n

    What Can I Do if I was Fired While Taking Medical Leave?<\/h2>\n

    So, what are the steps you can take if you lost your job because of a legal violation or breach of contract by your employer? The first option is filing a complaint with a government employment agency, like the U.S. Equal Employment Opportunity Commission (EEOC). Or, you can choose to file a claim with the State of California, depending on the specific nature of your employer\u2019s offense.<\/p>\n

    You may also have interest in filing a wrongful termination lawsuit for disability discrimination, but please be aware that you have to file a government agency claim before you can proceed with litigation. If the agency in charge of your claim responds with a Right to Sue letter, you can move forward with a lawsuit for unlawful termination.<\/p>\n

    If you are allowed to sue your employer, you can obtain compensation for lost wages and other applicable damages. In some cases, people ask for reinstatement to their former position, but this may not be a viable option if the relationship with your employer is beyond repair. For a detailed discussion on what you can recover as a victim of wrongful termination, don\u2019t hesitate to give us a call.<\/p>\n

    P\u00f3ngase en contacto con nuestra firma de abogados hoy<\/h2>\n

    After all the time and effort you put into your job, it\u2019s hard to imagine that your employer wants you out because of a situation that you can\u2019t control. Sadly, workplace discrimination is more common than most people realize, especially against employees with a physical or mental disability.<\/p>\n

    The lawyers of California Labor Law Employment Attorneys Group have decades of experience in wrongful termination claims against employers in private and public sectors. We have what it takes to prove a case of discrimination in the workplace and bring you the highest possible settlement. Our law firm also has a Zero Fee Guarantee policy, so you do spend any of your own money for legal fees. The cost of legal representation is paid by your employer, as long as we succeed in proving that you were wrongfully terminated. So, if we don\u2019t secure a settlement or jury verdict on your behalf, you owe us $0 \u2013 guaranteed.<\/p>\n

    If you would like to receive a free consultation on your rights and legal options, please take a moment to contact our office.<\/p>","protected":false},"excerpt":{"rendered":"

    Do you have a serious medical condition that required you to take time away from work? Sadly, many people who are sick of injured find themselves out of work on a permanent basis, even though certain laws protect them from being fired while they are out on medical leave. The vast majority or workers in…<\/p>","protected":false},"author":1,"featured_media":0,"parent":32,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"class_list":["post-10035","page","type-page","status-publish"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t