Losing your job while you are out on medical leave is devastating, but it can also leave you with questions about your employment rights. You look back on the events prior to you going on leave, and you can’t help but feel that your employer’s decision was not based on a legitimate reason. After all, you made sure that you qualified for extended, job-protected leave under federal or state law, so you cannot be fired for taking time off when you have a serious medical condition.
Unfortunately, discrimination against disabled workers is very common in California workplaces. Employers find ways to undermine the rights of individuals who are sick or injured, and this includes firing them during a time when they are away from work. It’s possible that your employer has violated anti-discrimination and retaliation laws when they terminated you. If so, you may be interested in filing a lawsuit for disability discrimination and receiving justice in the form of monetary compensation.
Would you like to explore the option of suing your employer for retaliation because you asked for medical leave that you are entitled to under the Family and Medical Leave Act or the California Family Rights Act? Have you suffered other acts of discrimination at your job, like harassment, denied work accommodations, and demotion prior to losing your job? If so, don’t hesitate to call the legal experts of California Labor Law Employment Attorneys Group. We are ready to fight for your rights and hold your employer accountable for taking away your job illegally.
Laws That Provide You with Medical Leave
Most workers in California have the right to request medical leave if they are unable to work on a temporary basis due to a serious illness or injury. The Family and Medical Leave Act is a federal law that guarantees up to 12 weeks of job-protected leave if you work for an employer with 50 or more workers. If you work for a smaller business, you may qualify for the same amount of leave under the California Family Rights Act. Medical leave is provided for employees if they work for an employer with at least 5 workers. For more information on the requirements to qualify for unpaid, job-protected leave at the state or federal level, contact our office at your earliest opportunity.
Not All Terminations During Medical Leave are Illegal
It’s important to understand that California is an at-will employment state, and employers still have the right to fire you for unacceptable behavior against others, poor attendance, and other work-related issues. Though notice should be given as a matter of courtesy, employers in at-will employment states are not required to do so. That means there are instances where someone is fired while out on leave for a disability, and the employer has not broken any laws.
However, an employer is not allowed to fire you strictly on the basis of having a disability or asking for extended leave because of a physical or mental disability.
What Can I Do If I Was Fired While on Medical Leave?
If you were fired for exercising your right to medical leave, you can file a complaint against your employer with the state of California’s Civil Rights Department. Alternatively, you can file a claim with the Equal Employment Opportunity Commission, which is a federal entity. Please note that you will need to supply a clear and detailed account of unfair treatment you received once your employer found out about your disability. This includes your termination, and why you believe that it’s related to your health issues and need for medical leave from your job.
Frankly, it can be very challenging to make a solid case for wrongful termination, so it’s in your best interest to work with an experienced workplace discrimination lawyer right from the start. They can help you locate evidence, formulate a compelling story about your experience, and show how your employer violated anti-discrimination laws by terminating you.
Can I File a Wrongful Termination Lawsuit?
Aside from reporting your employer to a government agency, what other options do you have? Can you sue your employer if they unlawfully terminated you?
You may have the right to seek monetary damages by filing a civil lawsuit. Before you can do that, you must file an EEOC or CRD claim – one of the agencies mentioned in the previous section. A wrongful termination attorney can advise you on which agency to file with and what you can expect once you submit the required paperwork.
If either of these agencies responds to your complaint with a Right to Sue notice, you can proceed with a lawsuit for termination based on discrimination and /or retaliation. So, the key is to file an employment claim as soon as possible and lay the foundation for a possible lawsuit.
Help from a Disability Discrimination Attorney
Are you interested in learning more about your right to file a wrongful termination lawsuit against your employer? In that case, contact the offices of California Labor Law Employment Attorneys Group today. We have a team of experienced employment lawyer who are ready to fight for you and secure the compensation you are legally entitled to.
All of our clients are represented on contingency, and that means you will never be asked to pay for the services of a wrongful termination attorney. Along with your settlement from a successful claim, your employer will cover all the fees associated with your case. In essence, we have to win your case in order to get paid.
For a free consultation on what you can do after a wrongful termination for taking medical leave, please use our contact form or call us 24 hours a day, 7 days a week.
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