Are you recovering from a serious illness or caring for a family member? It’s no doubt a stressful experience. That stress is compounded when you return to work—or prepare to return—only to find that you no longer have a job. If you were recently terminated during or shortly after taking a medical leave, you may feel like you are being punished for a health crisis you couldn't control.
In California, you are likely right to be concerned. Our state has some of the strongest worker protection laws in the country, and in many cases, firing an employee because they took protected leave is a violation of both state and federal law.
Understanding Your Protected Leave Rights
Most California employees are protected by two primary sets of laws: the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).
Under these laws, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for:
- Their own serious health condition.
- The serious health condition of a family member (such as a spouse, parent, child, or grandparent).
- Bonding with a new child (birth, adoption, or foster care).
In California, the CFRA is particularly broad, applying to almost all employers with five or more employees. If you qualify, your employer is legally required to reinstate you to the same or a comparable position when your leave ends.
Red Flags: When a Termination Is Illegal
While an employer may claim your termination was due to a "restructuring" or "performance issues," the timing often tells a different story. Common signs of illegal retaliation include:
- The "Coincidence" of Timing: You are fired the day you are cleared to return to work or while you are still on leave.
- Sudden Performance Shifts: You had years of positive reviews, but suddenly received a "poor performance" notice immediately after requesting leave.
- Vague Reasons: Your employer provides no specific reason for the firing, or uses "at-will" status to mask a retaliatory motive.
- Failure to Accommodate: If you have a disability, California's Fair Employment and Housing Act (FEHA) requires employers to engage in an "interactive process" to find reasonable accommodations, which can include extended leave.
Why You Should Take Action
An illegal termination doesn't just cost you your paycheck; it also affects your benefits, career trajectory, and emotional well-being. By holding an employer accountable, you may be able to recover lost wages (back pay), future lost earnings (front pay), and compensation for emotional distress.
You do not have to navigate this complex legal landscape alone. If you believe your rights were violated, the experienced legal team at Domb Rauchwerger LLP is here to help you evaluate your case and fight for the justice you deserve.
Protect your future and hold your employer accountable by calling us at (213) 772-5882 today for a confidential consultation.