Examples of FMLA Retaliation in California

As a California employee, you are owed a certain amount of Family and Medical Leave Act (FMLA) leave to take care of personal medical situations or prepare for the birth of your child. There’s nothing wrong with choosing to prioritize your own health or the health of your family over your job for a set amount of time. If your employer chooses to refuse your FMLA leave, you may want to take legal action. There are many examples of FMLA retaliation in California.

As you deal with the legal and professional fallout that comes with an FMLA retaliation claim, it is important that you hire an experienced FMLA retaliation attorney to help you through it. California FMLA retaliation laws can be complex and tricky to work through on your own, which is why it’s vital that you hire someone with experience handling FMLA retaliation cases similar to yours. Our firm can help you determine the right course of action for your case.

Hire an FMLA Retaliation Lawyer

It’s vital to your case that you hire an FMLA retaliation lawyer. Without one, there’s no guarantee that your case will go the way you hope or expect. A good lawyer’s help can often prove to be invaluable in situations like this. The legal team at Shirazi Law Firm, PC, makes it our priority to make things right for employees facing unfairness in the workplace. We can help you build a focused case, gather the right evidence, and hold your employer accountable.

According to a 2024 report by the National Partnership for Women & Families, there are nearly 420,000 children born in California every year, and women make up more than half of the state’s entire workforce. Last year, there were 150 cases of discrimination in the workplace that were connected to an employee’s pregnancy. It’s vital that you understand how your FMLA leave works, when you can take it, and what to do if your employer retaliates against you for taking it.

Getting Personal Help

Being retaliated against for choosing family over work can be a lot to endure on your own. Depending on how your employer chooses to retaliate against you, you might be unemployed and a new parent or dealing with a family health crisis. That can all put quite a strain on your mental health. You may want to think about reaching out to a local support group like NAMI Connection or Women’s Support Group. Talking to people about this can be healthy.

Examples of FMLA Retaliation in California

Retaliatory actions can take many forms, and some of them may not be as obvious as others. It’s important for you to recognize the various ways that your employer can retaliate against you for taking your FMLA leave. If you believe your employer has taken adverse action against you, you should contact an experienced employment lawyer for help in building a case. Here are some of the most common forms of FMLA retaliation you could experience:

• Termination. One of the most common forms of retaliation is a simple wrongful termination. While California is an at-will employment state, your employer can’t fire you in retaliation for taking FMLA leave. If you feel you have been wrongfully terminated, document everything and contact an employment lawyer to see what your options are.
• Harassment. Upon your return from FMLA leave, you may find that you are now receiving unjust negative performance reviews or being excluded from business meetings. This may constitute harassment, especially if it has only started after you came back from your leave.
• Pay cut/demotion. Upon your return from leave, you may find yourself with a drastically reduced work schedule or a decrease in pay. Despite your employer’s justifications for such actions, if this happened right after your leave, it may be seen as retaliatory. Your lawyer can help you document everything and build a case for retaliation.

FAQs

How Can I Prove FMLA Retaliation?

There are many ways that you can prove FMLA retaliation, and you will need to in order to move forward with your legal claim. You will need to definitively prove three distinct elements. You engaged in an activity protected by FMLA. Your employer took retaliatory action against you for engaging in that activity. There is a link between both of those events. You can prove this in numerous ways, including using hard evidence and thorough documentation.

What Is Considered FMLA Retaliation?

Any adverse action taken against an employee as a result of that employee exercising their rights under FMLA can be considered FMLA retaliation. Some of the most common retaliatory behaviors include termination, demotion, harassment, discrimination, and a reduction in pay or work hours. If you feel you are being retaliated against for taking FMLA leave, you should contact a lawyer immediately and document every interaction that could be relevant.

What Are Three Examples of FMLA Retaliation?

There are many behaviors in the workplace that can be seen as FMLA retaliation, but here are three specific examples:

• You were terminated shortly after taking your FMLA leave against your employer’s wishes, even though you were eligible for it.
• Upon your return from leave, you find yourself demoted to a lesser department, and your pay has been drastically reduced.
• You are denied a promotion you were qualified for because you took your FMLA leave.

What Makes a Strong Retaliation Case in California?

The element that makes a retaliation case strong in California is evidence. The more documentation you have that proves your claims, the stronger your case will be and the higher the chances of winning. You need to be able to prove a direct connection between your FMLA leave and the retaliation you endured by your employer. This is often easier said than done.

Reach Out to an FMLA Retaliation Lawyer Today

It can be hard to find out your job has changed for the worse after you return from FMLA leave. The last thing you want to deal with after enduring childbirth or taking care of a sick family member is legal strife connected to your job. At Shirazi Law Firm, PC, we can help you keep your interests protected and ensure nobody takes advantage of you in this vulnerable time. Contact us to speak to someone about your situation.