California Employment Law
California Employment Law Questions Answered by Legal Experts
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First, let me say that I am terribly sorry to hear that you have had to go through this. It is a shame when an employer makes a decision without legitimacy, especially when that decision is quite frankly wrong. Usually, I would say that you absolutely have a case. However, the fact that you spoke to a labor attorney who said you do not have a case means that there must be additional facts. If you take FMLA leave and return prior to your 12 weeks being up, then if you were fired, that would be seen as retaliation for taking your FMLA protected leave. This would grant you a case for retaliation. You could then file a claim directly with the Wage and Hour Division of the department of labor here:
or you would talk to an employment attorney in your area. If you decide to hire 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 willing to take your case prior to selecting the one you feel most comfortable with.
However, if you did not return after your 12 weeks were up, then your employer would be able to terminate you citing a legitimate business reason. While you may be able to extend this time for another week or two under the ADA as long as you had an exact return date, this is not guaranteed.
Finally, if you returned, but then were fired for another reason, you would have to see if it was more likely than not that you were fired because of your leave. If you have a legitimate argument that you were fired for retaliation, then you would be able to prevail.
Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. Additionally, if you would like to share why the labor lawyer stated you had no case, I would be able to better explain this persons reasoning.
If you do not require any further assistance, however, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.
Have a wonderful rest of your day.
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