Legal Question in Employment Law in California

Based on the facts you present, there are potentially multiple claims you can make. First, depending on the size of your employer and length and type of your employment, you could have a claim under the California Family Rights Act (�CFRA�), which is CA�s version of the FMLA. Under the CFRA (if it applies to your employment), you have the right to take up to 12 weeks of protected medical leave to care for an immediate family member�s (parent counts) serious health condition. If they fired you because you were taking or were going to take leave, then that could be both interference with and retaliation for taking CFRA leave. You may also have a claim for associational discrimination under the California Fair Employment and Housing Act (�FEHA�), which prohibits discrimination or retaliation against people because of a disability or because they are associated with someone who has a disability. In this case, your father�s broken hip would be a disability, and your association with him would be the need to care for him.

If you would like a more detailed analysis of your potential claims, feel free to contact our office at (650) 393-4995.

While Mr. Sarnoff has correctly identified the statutes under which you could make a claim, the truth is you have not provided a description of a situation in which you are likely to prevail on claims under those statutes. If there was a company-wide reduction, it is very likely that the people who were chosen to be laid off had been chosen some time before you informed them of your father's injury. If they can prove that you were chosen for lay-off before your father hurt himself, your claim will go nowhere. The bottom line is that "thinking" they chose you for layoff due to your father's condition doesn't get you anywhere unless a) it is true and b) there is evidence to prove it. If you think you have actual proof, then most definitely talk to a lawyer and see if there is enough for a successful case, but don't blow off a month's severance pay chasing a theory you can't prove in court.