Legal Question in Employment Law in California

The company might be using false allegations as a pretext for discriminating against you for taking leave. You should consult with an employment law attorney in your area.

As you probably know, employers cannot terminate employees due to their requesting or taking FMLA leave. Of course, if an employer were motivated to do so, they will never admit it, so they must come up with another reason which lawyers often refer to as a pretext.

Cases are won or lost based on the evidence. If the employer can prove that you falsified your time cards, you will lose. If you can prove they fabricated the evidence, by witness testimony or documentation, you may win.

You should consult with an experienced employment law attorney in your area, to review the facts and evidence and to discuss your legal options.

If the employer has any evidence or good faith belief to support their misconduct claims, they would have every right to terminate you, regardless of FMLA. If you can somehow show those allegations are false, then you could consider an FMLA violation case. Then you might be able to use your allegation that "the company is known for this" ? Easy to allege, harder to prove. Even if you could, you'd still have to prove your own case first before it mattered about their 'pattern of behavior'.

The general rules are:

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against because of requesting or taking the leave, or you are refused accommodation, then you can consider legal claims.

If your CA employer has at least 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, and must allow up to 4 months of unpaid pregnancy leave under FEHA.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA / CFRA maternity / medical leave when you are unable to work [or must care for an immediate family member] because of a �serious health condition� that is properly confirmed and documented by your doctor, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.

If you qualify for both, you get both. If you are out longer than those guarantees, they can fire you.

Overriding those stated protections, just because you are on leave does not mean you can�t be terminated. You have no special exemption against lay offs or termination due to business reasons. A company in downsizing can lay off a FMLA leave person, as long as they can show they aren�t targeting �because of the leave�. They are simply risking claims if they do.

If your company has a policy requiring they hold your job for you for a specific period of time while on disability, that is enforceable.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Now, if they violated those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.