Legal Question in Medical Leave in California
Wrongful Termination
I provided my employer with my doctor's note stating that i was having complications with my pregnancy and needed time off from work and soon after i informed them,i was terminated.My employer said that I am not covered under family medical leave act because I have only been working for them for 3 months.When i was ready to go back to work i informed my employer about it.The Human Resource Representative told me that the Manager had informed her that the company did not have a job for me to return to.And,that i would not be returning to work because the company was moving to Fresno.I filed a complaint with the California
Fair Employment.My employer offered me $5,000.00 base on 1 month salary,2 weeks severance pay,medical benefits and $1,000.00 for emotional damage,Is this all i can get? What are my options? I was told that I am not covered under family medical leave act and CFRA,is this true? Am i covered under pregnancy disability leave? When my employer called me i told them that i am ready to settle the case but i have not sign any papers yet,Can i still tell my employer i need more time to decide?
2 Answers from Attorneys
Re: Wrongful Termination
I am going to give your a general answer.
You are not entitled under the FMLA because you must have worked for the company for 12 months.
Now, there are some areas of the law that might be available for you to push for more. You say the company is moving to Fresno. I don't know where you are, but it is likely that they would be required to offer you a job there, if you are willing to transfer.
Also, if they are offering other employees a better severance package, they cannot discriminate against you based on pregancy.
This type of case is very "fact" driven, and there can't be easy answers without the facts.
Re: Wrongful Termination
While it is true that you must be employed with a company for at least 12 months before you can be eligible for family leave, employers must allow women as much as 4 months off due to pregnancy related disability. It is not clear from your question if you have exhausted the 4 months. If not, you have a strong argument that the company broke the law and are in a better postion to demand more money. If you haven't signed anything, you are not bound by any agreement.
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