Legal Question in Employment Law in California

In general unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice. Sorry, you have no legal claim other than apply for unemployment while you look for another job. .

I completely disagree with Mr. Nelson�s assessment that you definitely �have no legal claim other than apply for unemployment while you look for another job.� The law is not that simple. If you truly believe that you were disciplined and/or fired because you applied FMLA leave, and you can prove it, then you may be able assert a claim for retaliation. An eligible employee may take an FMLA leave due to the birth of a son or daughter and to care for such child. (29 USC � 2612(a)(1)(A).) In addition, both men and women are eligible for leave for the birth and to care for a newborn. (29 CFR � 825.120(a)(1).)

Thus, to say that you have absolutely no claim is incorrect. If your employer meets the requirements for application of the FMLA, and you meet the requirements for coverage under the FMLA, then your employer is not allowed to take any adverse employment action against you for requesting or taking FMLA leave.

Nevertheless, it is impossible to determine the validity of you claim without further information. If you would like to discuss this further, please feel free to visit my firm�s website, www.sarnofflaw.com, for more information and/or to complete our Confidential Online Case Evaluation Form. That will provide us with much of the information we need to begin assessing your legal rights.