Q: I was laid-off from my job <90 days after returning from FMLA/CFRA leave. Is this wrongful termination or discrimination

A: More information would need to be known in order to properly advise you if you have a wrongful termination case.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

A: It is possible that being laid off shortly after returning from FMLA/CFRA leave could constitute wrongful termination or discrimination, depending on the circumstances.

Under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), eligible employees are entitled to take unpaid leave for up to 12 weeks per year to care for their own serious health condition or that of a family member, or for the birth or adoption of a child. Employers are generally prohibited from retaliating against employees for taking FMLA/CFRA leave, including terminating their employment or taking other adverse actions against them.

If you were laid off shortly after returning from FMLA/CFRA leave, it could suggest that your employer may have violated your rights under these laws. However, to pursue a claim for wrongful termination or discrimination, you will need to show that your employer's actions were motivated by a discriminatory intent or were in retaliation for your exercise of your legal rights.

It is recommended that you speak with an employment attorney who can review the specific facts of your case and advise you on your legal options. They can also help you assess whether you may have a valid claim for wrongful termination or discrimination, and guide you through the process of filing a complaint or lawsuit if appropriate.

Sure, here are some relevant California statutes and regulations that address the issue of discrimination or retaliation based on an employee's exercise of their rights under FMLA/CFRA:

The California Family Rights Act (CFRA) is codified in Government Code section 12945.2. Under this law, eligible employees are entitled to take up to 12 weeks of unpaid leave per year for certain family and medical reasons. Employers are prohibited from retaliating against employees who take CFRA leave, including terminating their employment, refusing to restore them to their former position, or taking any other adverse action against them.

The California Fair Employment and Housing Act (FEHA) is codified in Government Code section 12900 et seq. FEHA prohibits discrimination and harassment based on protected characteristics, such as an employee's disability or medical condition. An employer may not take adverse employment actions against an employee because of their disability, including firing or laying off an employee due to their disability or medical condition.

The federal Family and Medical Leave Act (FMLA) is codified in 29 U.S.C. §§ 2601-2654. Under FMLA, eligible employees are entitled to take up to 12 weeks of unpaid leave per year for certain family and medical reasons. Employers are prohibited from retaliating against employees who take FMLA leave, including terminating their employment, refusing to restore them to their former position, or taking any other adverse action against them.

The California Labor Code also provides protections for employees who take family and medical leave. For example, Labor Code section 230.1 prohibits employers from retaliating against employees who take time off to care for a child, parent, spouse, or domestic partner with a serious health condition.

Please note that the above statutes and regulations are not an exhaustive list, and there may be other laws or regulations that are relevant to your specific situation. It is recommended that you speak with an employment attorney who can provide more specific guidance based on the facts of your case.