Returning to work after a serious medical leave should be a time of transition and recovery. However, for many California employees, that return is met with a pink slip. If you were fired shortly after taking leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), you aren’t just facing a career setback—you may be a victim of unlawful retaliation.
Understanding Your Rights in California
In California, the law provides robust protections for workers. If you qualify for FMLA or CFRA leave, your employer is generally required to:
- Maintain your health benefits during your absence.
- Guarantee your return to the same or a comparable position.
- Refrain from discriminating or retaliating against you for exercising your right to take leave.
While California is an "at-will" employment state, "at-will" does not mean "at liberty to break the law." An employer cannot use a "restructuring" or "performance issues" as a pretext to fire you simply because you took protected time off.
Identifying the Red Flags of Retaliation
How do you know if your termination was illegal? Timing is often the loudest indicator. If you were fired within days or weeks of returning from leave—or while you were still on leave—the "temporal proximity" suggests a connection.
Other red flags include:
- Negative shifts in attitude: Your manager suddenly becomes hostile or hyper-critical upon your return.
- Sudden "performance issues": You receive your first-ever poor performance review immediately after your leave.
- The "restructuring" excuse: You are the only person "laid off" during a supposed company-wide reorganization.
Steps to Take If You’ve Been Terminated
If you believe you were wrongfully terminated, your actions in the days following the firing are critical.
- Document Everything: Save copies of your FMLA approval, medical certifications, and any emails or texts from your employer regarding your leave.
- Request Your Personnel File: Under California law, you have a right to inspect and receive a copy of your personnel records.
- Don’t Sign Immediately: Your employer may offer a severance package. This is in exchange for signing a waiver that prevents you from suing. Have an employment law attorney review any documents before you sign away your rights.
Your Path Forward
You don’t have to navigate this alone. The emotional and financial toll of losing a job while recovering from a medical issue is immense, and the law is designed to protect you from exactly this type of unfair treatment. At Polaris Law Group, we are dedicated to holding employers accountable and securing the justice California workers deserve.
If you feel your rights were violated, contact us today at (888) 796-4010 to discuss your case.