Q: I filled a lawsuit against my employer a and now i got fired
The lawsuit is for for violating my rights when i was FMLA then i return back and the retaliation started it happened for 7 months until now i just got fired what can i do
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, if you've been fired after filing a lawsuit for violations related to the Family and Medical Leave Act (FMLA) and experiencing retaliation, you have the right to take further legal action. Retaliation for exercising your FMLA rights is illegal, and being terminated for this reason could strengthen your case. Document all instances of retaliation and keep any correspondence or evidence related to your dismissal.
You should consider filing a retaliation claim with the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC). These agencies can investigate your claims and may provide you with a "Right to Sue" letter, which allows you to pursue your case in court. Be aware of the deadlines for filing these claims, as they are typically within a year of the retaliatory action.
Consult with an employment attorney who can provide you with detailed advice tailored to your specific situation. They can help you understand your rights and the best steps to take. It's important to act promptly to ensure your rights are protected and to seek any potential remedies you may be entitled to.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
