FIRED FOR REQUESTING TOO MUCH MEDICAL LEAVE?

Experienced & Aggressive Employment Lawyers in Los Angeles

About Wrongfully Terminated for Taking Too Much Medical Leave

Unfortunately, it is still a very common occurrence where employers terminate employees because they do not want to provide any more medical or disability leave.  Medical leave under FMLA/CFRA provides up to 12 weeks of unpaid leave for certain employees.  This leave can be taken all at once or spread out.

But, all employees have significantly more protection under California’s Fair Employment and Housing Act.  The need for medical leave is a request for an accommodation and employer’s are required to provide reasonable accommodation.  Depending on the size of the company, the employee’s position, and other factors, medical leaves of 1-2 years have been considered reasonable.  

Employers who terminate employees for needing additional medical leave, even if it’s for over a year total, are in violation of the law.  Some employers summarily terminate an employee because they have exhausted 12 weeks of FMLA/CFRA.  That is illegal.  

It is also illegal when employers have maximum medical leave policies.  An employer cannot simply fire an employee because it has a “rule” (for example) that 6 months of medical leave is the maximum allowed. 

If you or someone you know has been fired or mistreated because of their disability or fired while on disability leave, please contact us for a free confidential consultation.

Cases are handled on a contingency fee basis, meaning we only get paid after you do. Consultations/communications can be virtual if preferred.

“Emanuel Shirazi went above and beyond on my case. My employer treated me so unfairly and I felt like I had no where to turn. I met with Emanuel and he told me: I’ve got your back. This guy is a pit bull who never stops fighting for his clients. So glad he was on my side and not vice versa. Trust me, Emanuel won’t let you down.”

Case Focus: Michael

Disability Law - Fired for taking too much medical leave

Michael was a successful executive who needed to take a medical leave from his new employer.  He provided a doctor’s note to Human Resources stating he would need to be on medical leave for 1 month.  HR responded immediately stating that he will need to reapply for employment once he is released to full duty.

Four days later, the same HR manager inexplicably fired Michael because he was “a no call no show.”  Michael’s termination letter stated he was fired because he missed 3 days of work—even though he had provided a note putting him off on disability leave.  This wrongful termination was in violation of Michael’s rights under the FMLA, California Family Rights Act (CFRA), and to reasonable accommodations under the Fair Employment and Housing Act (FEHA.)  

Further, HR’s statement about needing to be fully released is an illegal 100% healed policy.  Employers must accommodate their employee’s disabilities.  They cannot refuse to let you work if you are not “100%.”

We were able to get Michael justice and we can help you too!

If you believe you have been wrongfully terminated, retaliated or discriminated  against based on a protected category such as a need for medical leave, a physical or mental disability or medical condition, give us a call at 310-400-5891 for your free intake.

Cases are handled on a contingency fee basis, meaning we only get paid after you do. Consultations/communications can be virtual if preferred.

“I cannot recommend Mr. Shirazi enough! I was wrongfully terminated from my long term job. I didn’t know where to turn and found Mr. Shirazi. He took the time to talk to me for an hour explaining what legal rights I had. Upon hiring Mr. shirazi he kept me up to date on every step and was honest and upfront with me. He worked miracles and got me a great settlement. Mr Shirazi handles only employment cases and his expertise was invaluable to my case. if you find yourself in need of an employment attorney, Mr. Shirazi is the one to call.”

EMANUEL SHIRAZI

Founder Emanuel Shirazi is an employment lawyer in Los Angeles representing employees who have been legally wronged by their employers. In addition to representing employees, Mr. Shirazi used to defend employers while he worked at the largest employment law firms in the country. Thus, Mr. Shirazi knows the tricks of the trade of the other side and will use that to your advantage in your case. Mr. Shirazi’s experience helps him anticipate your employer’s defense and prepare accordingly.