
Almost every worker is entitled to take medical leave. Retaliation for taking leave is illegal and needs to be fought against. Many who’ve faced this situation ask, “What are your legal options after being fired for taking medical leave in California?” Be sure to hire a medical leave retaliation lawyer to explain what to do next.
Emanuel Shirazi of Shirazi Law Firm, PC, has over 22 years of employment law experience. Since 2011, our firm has secured millions of dollars in settlements for our clients. We know how difficult life can be after experiencing violations of your legal rights.
Trying to take on a legal case by yourself can quickly become overwhelming. Let Emanuel Shirazi take care of your case so you can focus on your well-being. He works tirelessly to protect the legal rights of his California neighbors and community members.
In 2023, there were 17.6 million people employed throughout California. The top industries in the state included restaurants and food services, construction, and elementary and secondary schools. No matter what industry you work in, medical leave retaliation laws provide you with the same legal rights as every other employee in the state.
The California Family Rights Act allows California employees to take unpaid time off for specific medical reasons. You can take up to 12 weeks off per year to:
During your leave, your job and health insurance will be protected. If you are fired either after submitting or coming back from leave, it may be considered retaliation. You’ll need to gather extensive proof to protect yourself.
In California, employees can submit a complaint form with the Civil Rights Department after experiencing workplace retaliation. There were 4,072 employment violation investigations by the Civil Rights Department in 2023. 319 complaints were filed that year by workers regarding violations surrounding their paid leave.
After reviewing your complaint, the Civil Rights Department will determine if an investigation is needed. If it believes that one is, it’ll review the situation and evidence from both parties.
You can also choose to avoid an investigation by submitting a right-to-sue request to the Civil Rights Department. If the CRD grants your request, you can open a legal claim against your employer.
However, it’s important to note that if your right-to-sue letter is granted, the Civil Rights Department won’t investigate your retaliation claim at all. The course of action you decide to pursue should be discussed extensively with an experienced California medical leave retaliation attorney.
Extensive evidence is necessary to prove your claim of wrongful termination or retaliation. Employers often use underhanded or manipulative tactics to make victims uncertain about their reality. This also protects them in case the victim wants to pursue a legal claim. Your lawyer can assist in gathering and preserving:
All this can provide clarity to the Civil Rights Department and the local court. Be sure to organize your evidence in chronological order to make it easier to manage and understand.
Victims of retaliation in California have three years from the date of the last retaliatory act to file their medical leave retaliation case with the Civil Rights Department. If you request a right-to-sue letter, you could file your legal claim with the local court in your county. While this timeline may seem long, it’s important to file quickly. The longer you wait, the more personal and financial losses will continue to pile up. You deserve justice as soon as possible.
The difference between the Family and Medical Leave Act and the California Family Rights Act is that the California Family Rights Act offers more flexibility to workers in the state. The Family and Medical Leave Act is a federal law, and it only applies to employees at companies with 50 or more workers. The CFRA applies to California employees at jobs with five or more workers. FMLA also limits leave, when caring for a loved one, to only a parent, spouse, or child.
Under California law, your employer has to hold your job until you get back from your medical leave, as long as you don’t exceed the 12 weeks off. There are only a few specific scenarios where an employer can terminate an employee after coming back from medical leave. One example is if there are company-wide layoffs unrelated to your leave. However, this can be contested during your case using clear proof.
You are protected under state law if your California Family Rights Act medical leave was for your mental health. Mental health conditions are often just as serious as physical conditions. To qualify for the California Family Rights Act, you have to have worked at your current job for at least 12 months and have logged 1,250 hours of work within the past year.
Contact Shirazi Law Firm, PC, today to schedule a confidential consultation with Emanuel Shirazi. He treats every new client with the empathy they deserve. He knows how stressful life can become when your job is upended. During this time, you’ll need a strong support system to help you. Choose Shirazi Law Firm, PC, to be a part of your support system and advocate for your rights.