California Employment Law
California Employment Law Questions Answered by Legal Experts
Under FMLA and CRFA, you are protected from being discriminated against as a result of your temporary disability. However, it is not illegal to terminate an employee while they are on leave, it is illegal to terminate an employee because they took leave. Because you stated that everyone else was re-hired you have a strong argument that you were being discriminated against and this is why you are being let go, but it is not a guarantee. Concerning your question as to what to do, the choice is completely up to you, but there are a few things to consider. 1. You will first need to file a claim with the EEOC or California Labor Board. Then you will receive a letter to sue in which you will need to progress through the stages of litigation. This is time consuming, but may yield a higher reward.2. I do not know what your current severance package states so I cannot tell you if it is a good idea or not. However, once you sign you loose all right to sue. While you can definitely attempt to renegotiate something, once you sign the severance package that is it. If the severance package is for six months or more, it may be something you want to consider.In this situation, you should try to renegotiate the severance package, and speak to an employment attorney in your area. They can go over your salary and your situation and decide which will result in a higher payout. If you decide to speak to an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.
Good Luck!I hope I have provided you excellent service. If not, please let me know what else I can help you with. If you feel the need to rate my service as either “Bad” or “Poor”, please stop and use the REPLY TO EXPERT to keep talking. I am happy to assist you with whatever issue or clarification you may need and will take the time to explain any concern to your satisfaction. If you feel that I am unable to do so, please ask me to have another expert assist me and I will opt out immediately so that you receive the best possible service.Once you are satisfied with the answer, please take the time to rate my answer as one of the top three faces as this is how I receive credit for my time with you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).