Legal Question in Medical Leave in California
laid off on FMLA
Just started my FMLA after having baby, got a call from HR telling me ''do to the economical problems'' my postions was eliminated. I was then sent a legal document ''seperation agreement & release'' and a seperation payment. once I sign the doc I will get another check. Insurance for baby and I end on the 31 of Oct.
Is it legal for them to do that?? I thought FMLA is a protection, maybe I should have gone back to work, even if my baby was only 2mths old.
3 Answers from Attorneys
Re: laid off on FMLA
The company would have to be able to prove their claim of 'economic necessity' to defeat your claim of violation of the discrimination and leave laws. Feel free to contact me for the legal help you'll need in pursuing your claim.
Re: laid off on FMLA
It all depends on the company and your position. If you believe that they have replaced you with another employee than you have a claim against your former employer for wrongful termination. More facts are needed in order to advise you better. I recommend that you contact an attorney that practices employment law for further evaluation.
Re: laid off on FMLA
As a pregnant employee in California, you have leave rights under the CFRA (the state equivalent of the FMLA) and the Pregnancy Disability Leave laws. You get up to 12 weeks for CFRA and 4 months for PDL. Though a company may terminate an individual while on leave, it must demonstrate that it would have done so had you been employed. However, any time an employee is terminated while on leave, and no other individuals were terminated, it raises an inference that the termination was discriminatory. It really does depend on the circumstances. If you would like additional information, feel free to contact me.
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