Legal Question in Employment Law in California

Re: wrongful termination

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, 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/CFRA medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you are out longer than those guarantees, they can fire you.

Upon termination from employment, you are entitled to COBRA conversion of any medical benefits, allowing you to pay for and retain your insurance coverage.

Now, if they violate those rules, contact me for the legal help you'll need.

Re: wrongful termination

I think you have potentially valid and strong claims to assert against your employer. Federal employment law generally offers less protection to employees than state law.

Under CA's FEHA, any employer with 5 or more employees is subject to liability for discriminating against employees on the basis of disability, short term or otherwise. Additionally, it is very easy to qualify as an employee under state law. The circumstances surrounding your dismissal are highly suspect.

If you would like to discuss your case further at no obligation or charge to you, contact me.

I'm sorry this happened to you.

Good Luck!