Employment Law Questions? Ask an Employment Lawyer.
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First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer makes a decision without legitimacy, especially when that decision is quite frankly wrong. Under the CFRA and the FMLA, you are entitled to up to 12 weeks of unpaid leave for every year that you work for the company as long as that company has at least 50 employees.
You can take that leave concurrently with any paid leave you have accrued
If your employer is actively trying to fire you, or engages in ANY adverse employment action against you for filing for leave under the FMLA or CFRA, you have a cause of action against them for retaliation.
In the result that this happens you have two choices. You can file yourself with the DFEH (department of fair employment and housing) or you can get an employment attorney involved to help you.
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.
If you decide to do this on your own, the DFEH will launch an investigation and can help you get reinstated, receive any back pay owed, pay you for any attorney fees spent, as well as give you money for the emotional damage you suffer.
In addition to this, you may also have claims for disability discrimination (you do not need 50 employees in this instance) In either situation, if ANY adverse employment action does happen, it sounds like you have a good case.
When you go to Martindale, you will type in Employment Law California in the search box. Then, you will look on the left hand side and click on the town or county in which you live.
You can also go to the California bar website and they have a referral service which you might find useful, however, I would definitely start with Martindale.
In a situation like this, an attorney will not end up charging you anything out of pocket.
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You can claim disability discrimination either by filing a claim with the EEOC or with the DFEH. You can file a complaint with the DFEH here
or with the EEOC here
Not a problem. In terms of proving anything, you would show that you are trying to take your FMLA for a serious health condition, or the serious health condition of an immediate family member, or for pregnancy or for a pregnancy related condition
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