Losing a job is always difficult, but when the termination is unlawful, it can feel even more confusing and frustrating. If you’ve been fired while on medical leave, you may be wondering what your rights are and how to protect them. At The Myers Law Group, we understand the stress and uncertainty that comes with this type of situation. You may feel helpless and unsure of where to turn next. Rest assured that we are here to guide you through the legal process and work to get the justice you deserve.
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
Understanding Unlawful Termination During Medical Leave
California law protects employees from being fired while on medical leave. If you are unable to work due to illness or injury, you may be entitled to take time off without fear of losing your job. However, despite these protections, many employees face wrongful termination during medical leave. This can occur when an employer fires someone for taking medical leave or for reasons directly related to the leave itself. It’s important to know that you are protected by several laws in California that ensure your rights to medical leave and job protection.
California’s Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)
In California, two major laws offer job protection for employees who need to take medical leave: the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). These laws allow eligible employees to take up to 12 weeks of unpaid leave for medical reasons, without the risk of losing their job. If you qualify for FMLA or CFRA, your employer is required to hold your position open while you are on medical leave. This means they cannot fire you for taking time off to care for your health.
The FMLA and CFRA also protect employees from retaliation. If you are fired, demoted, or treated unfairly because you took medical leave, that could be considered unlawful termination. These protections extend not only to employees dealing with their own medical conditions but also to those caring for a family member with a serious health condition. If you believe your termination was due to your medical leave, it is crucial to understand your rights under these laws.
When Is Termination Unlawful During Medical Leave
Termination is unlawful during medical leave when an employer fires an employee for taking protected leave or because of their health condition. For example, if you were on medical leave due to surgery or a serious illness and your employer fired you because of your absence, that may be unlawful. Employers cannot discriminate against employees for exercising their right to take medical leave.
It is also unlawful for an employer to terminate you based on your medical condition or disability, which could be considered discrimination under both California and federal law. In these cases, the employer is not only violating medical leave laws but also engaging in discriminatory practices. If this happens to you, it is essential to seek legal help to determine whether you have a wrongful termination claim.
How to Recognize Unlawful Termination During Medical Leave
Recognizing wrongful termination can be difficult, especially when you are focused on recovery from a health issue. However, some signs may indicate that your termination was unlawful. If you were on medical leave and your employer suddenly terminated your employment without a clear or legitimate reason, this could be a red flag. Additionally, if the reasons for your termination are linked to your medical condition or the time you took off for health reasons, this may also be a sign of unlawful termination.
It is also important to look at how your employer treated other employees who were not on medical leave. If other employees who were not on medical leave were treated more favorably or not terminated for similar issues, this disparity may suggest discriminatory or retaliatory behavior. In these situations, your employer’s actions may violate state and federal laws designed to protect employees on medical leave.
I had some issues with my employer. I called a couple of law firms. Some called back and some did not. When David Myers returned my call I found him to be down to earth and personable. He was cognitive about my issues and his knowledge of Labor Law was exemplary. My issues were addressed and handled to my satisfaction. I will recommend David Myers and his law group to anyone who asks. Thank you David.”
- Ken Fretter
The Meyers Law Group is definitely the lawyer’s you want. We got absolutely misguided by another attorney firm and Maria helped us out and got us taken care of. Maria will take the time to completely understand your case and her knowledge is well beyond the many firms we sat with.Do not! I repeat, Do not! Use another firm without talking to The Meyers Law Group first.Thank you Maria for getting us the results we were expecting."
- Koa G.
I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation."
- Anonymous
What to Do If You Believe You Were Wrongfully Terminated
If you believe you were wrongfully terminated while on medical leave, the first step is to gather any evidence that supports your claim. This can include medical records, communications with your employer, and any documents related to your leave. Be sure to document the dates and circumstances surrounding your termination, as this information will be important in building your case.
Next, it is essential to consult with an attorney who has experience with wrongful termination cases. A lawyer can help you understand your legal rights and the steps to take to file a claim. In California, there are strict time limits for filing a wrongful termination lawsuit, so it is crucial to act quickly to preserve your rights.
How an Attorney Can Help You
A wrongful termination case can be complex, and you may feel uncertain about navigating the legal system on your own. This is where an attorney can be invaluable. By working with a knowledgeable attorney, you can ensure that your case is handled correctly and that all relevant laws are considered. Your attorney can help you determine if your termination was unlawful and guide you through the process of filing a claim.
In many cases, an attorney will work with you to gather evidence, communicate with your employer, and represent your interests in court if necessary. If your case is successful, you may be entitled to compensation for lost wages, emotional distress, and other damages resulting from your unlawful termination.
What Compensation You May Be Entitled To
If you win a wrongful termination case, you may be entitled to various forms of compensation. This can include back pay for the wages you lost during your medical leave, as well as any benefits you may have lost due to your termination. You may also be entitled to damages for emotional distress or punitive damages if the employer’s actions were particularly egregious.
California law provides for these types of damages to ensure that employees who are wrongfully terminated are made whole. The exact amount of compensation you may receive depends on the specifics of your case, but it is important to know that you do not have to face this situation alone. An attorney can help you fight for the compensation you deserve.
How to Protect Yourself from Unlawful Termination
The best way to protect yourself from unlawful termination is to understand your rights and take action if necessary. If you are facing medical issues and need to take time off work, make sure you understand the requirements for FMLA and CFRA leave. Keep records of all communications with your employer about your leave and make sure you follow company policies regarding medical leave.
If you are fired or mistreated during medical leave, do not hesitate to seek legal advice. Taking action quickly can help protect your rights and ensure that you have the best chance of a successful case.
If you have been wrongfully terminated while on medical leave, it’s important to know that you have legal protections. California law offers strong safeguards for employees facing medical issues, and you do not have to go through this process alone. At The Myers Law Group, we are dedicated to helping employees who have experienced unlawful termination. If you believe your termination was a violation of your rights, we are here to help. Contact us today to learn more about your legal options and how we can assist you in seeking justice and fair compensation for your wrongful termination.