California Employment Law

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My HR rep told me 4 days ago, in writing, not to use up my…

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My HR rep told...

My HR rep told me 4 days ago, in writing, not to use up my sick days and instead assign some of my additional parental leave as vacation days. Today, they laid me off and she told me during that conversation that they have been discussing phasing out my department and my job for a while. Before I was given notice, I had reclassified my parental leave back to all sick days. HR rep is saying I have no grounds to do that. Can I push back?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

CA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats about it thanks, pearl

Submitted: 9 months ago.Category: California Employment Law
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Customer reply replied 9 months ago
I'd like to know that if I can push back, that if there is a specific CA law or code that I can mention to support my claim.
Answered in 5 days by:
10/16/2017
California Employment Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Law Educator, Esq.
Category: California Employment Law
Satisfied Customers: 126,000
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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California Employment Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Under the CFRA, CA Government Code 12940-12951, an employer must provide the required leave and cannot retaliate or discriminate against a person using such leave. If the employer was trying to coerce you into not using your leave or not using it as sick time as you stated and subsequently has terminated your employment for continuing to use such leave, using pretext of reorganization, you need to file a complaint with EDD and they must look into that claim and will grant you a right to sue letter. So, your next step is to file your complaint with EDD and pursue a claim for retaliation and using a pretext of reorganization as grounds for retaliating against you.

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Customer reply replied 9 months ago
Thanks for this. I asked to reclassify my additional parental leave as sick days and my HR director said it is too late to do so, even though my last day with the company on payroll is in December. I would not have classified my additional parental to vacation days if my HR director had not recommended via email to do so. Might this count as coercion?
California Employment Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for your reply.

That could indeed count as coercion and it certainly looks like retaliation and grounds for you to file the complaint. You need to get that complaint filed to have EDD investigate because their findings will determine your chance of success in court in a retaliation suit.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 9 months ago
One more thing -- the termination had nothing to do with my parental leave. The company is downsizing. I guess my issue here is that my HR director knew I was getting laid off at the time she recommended that I split my leave between vacation and sick days, making it seem like I would be in a position to use my remaining sick days that I did not assign to parental leave.
California Employment Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for your reply.

While I understand it is downsizing, the timing makes it suspect as retaliation for you using the time and you can still file a complaint. Without claims of retaliation, the employer has the right to make such changes and if they can prove that this would have happened whether you used the leave or not, then you would have no claims other than unemployment from the employer I am sorry to say.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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