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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1851
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am on salary basis and planning to take paid family leave

Resolved Question:

I am on salary basis and planning to take paid family leave benefit which i had written notice to the company already also I am qualified to obtain FMLA benefit as well. My employer is trying to terminate me in any ways. Am I under any kind of protection by law?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Brandon, Esq. :

Hello and thank you for your question today.

Brandon, Esq. :

Are you online with me?

Brandon, Esq. :

Welcome to the chat

Brandon, Esq. :

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.

Brandon, Esq. :

You can take that leave concurrently with any paid leave you have accrued

Brandon, Esq. :

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.

Brandon, Esq. :

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.

Brandon, Esq. :

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.

Brandon, Esq. :

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.

Brandon, Esq. :

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.

Brandon, Esq. :

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.

Brandon, Esq. :

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.

Brandon, Esq. :

In a situation like this, an attorney will not end up charging you anything out of pocket.

Brandon, Esq. :

Does all of this make sense?

Customer: I am confused maybe its because it happened just in minutes. Can i take note first before deciding to take any action?
Brandon, Esq. :

what do you mean can you take note?

Customer: I m reading they cell phone so i will need to take notes by hand as its not easy to read n record
Brandon, Esq. :

Ah okay. Please take your time. Please do not hesitate to ask any questions you may have or if you need clarification on anything I have said.

Brandon, Esq. :

Also, once you provide a positive rating at the end of our conversation, this question will become part of your account and you can print it, email it, or do anything else you want with it to view it later on on a computer.

Customer: Yes how do I file disability discrimination? Should I proof anything if i claim for that?
Customer: Thanks to let me know it as i m newbie to use this site
Brandon, Esq. :

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

Brandon, Esq. :

http://www.dfeh.ca.gov/Complaints_ComplaintProcess.htm

Brandon, Esq. :

or with the EEOC here

Brandon, Esq. :

http://www.eeoc.gov/employees/charge.cfm

Brandon, Esq. :

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

Customer: Alright, thanks, XXXXX XXXXX I will need some time to study n understand it ahead. Just in case I have more questions after that, what I should do?
Brandon, Esq. :

If you have additional questions for me, please feel free to ask for me here:

Brandon, Esq. :

http://www.justanswer.com/law/expert-accident-expert/

Brandon, Esq. :

Have I fully answered your question today?

Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1851
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 5 other Employment Law Specialists are ready to help you

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Brandon, Esq.
Brandon, Esq.
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Has received a certificate of recognition from the California State Senate for his outstanding legal service.