Legal Question in Employment Law in California

If this is an on job injury WCAB claim, or a claim of retaliation or failure to comply with WCAB protections, contact a WCAB specialist for their help, as only WCAB rules apply. Go file a WCAB claim; they can't stop you from doing so.

Go file an unpaid compensation claim with the CA Labor Commissioner if you are due any unpaid compensation for time worked.

Other than that, 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� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

In your case, IF you can prove 'illegal retaliation' for taking valid FMLA leave, then you can consider legal claims. 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 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. Being out sick with the minor illness does not fall within the protections.

If you believe you qualify and can prove such retaliation for FMLA, then feel free to contact me.