Legal Question in Employment Law in California

An employer can terminate an employee during an FMLA leave -- but it cannot do so for reasons that constitute discrimination. You will need to consult with an attorney who represents employees in discrimination matters to see if you have a case.

If your employer terminated you because you took medical leave, then that may be unlawful discrimination and/or retaliation under the California Fair Employment and Housing Act (FEHA) and/or the California Family Rights Act (CFRA). CFRA is the California state version of the FMLA, which is a federal law, and the FEHA is California's anti-discrimination/harassment/retaliation statute, which includes disability discrimination. If your employer can show that holding your job open for your entire leave would have been an "undue hardship" on the company, then the termination may not be unlawful. However, that is a difficult standard to meet for an employer.

You need to discuss with an attorney who knows employment law in order to get a full assessment of your legal rights. We take cases throughout California, so if you want a more in depth analysis, please contact our office via our website: www.sarnofflaw.com. You can also call us at (877) 877-2545.