Legal Question in Employment Law in California

unfair or wrongful termination

I was hurt at home and been out for almost 5 months. I used Family Leave Act which expired a month ago (3 months) When I notified my employer that I'm ready to go back to work in two weeks, the reply was that my employment was terminated when the Family Leave Act expired last month. They mentioned that I'm elligible for re-hire but to start as a ''new'' employee with lower starting wages, back to 1 week of vacation and lost of seniority, etc. I've been working for them for over 4 years. Can I be re-hired basically the same type of job and start all over again ? I can understand if it's for a new position and completely different. Please advise. Thanks.


Asked on 7/03/03, 4:52 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: unfair or wrongful termination

Thank you for your inquiry.

Your employer is making a bizarre offer that I believe is based upon a misunderstanding of how the law works.

If you are being offered your same job, that is not a problem, but if they are offering lower benefits and wages, and if it is only based upon your utilizing the family leave act, then you would appear to have a case for discrimination based upon you taking benefits you're entitled to. You may want to pursue this further with an attorney.

I hope that this information helps, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

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Answered on 7/03/03, 8:12 pm


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