Retaliation for Taking FMLA / CFRA Leave
Are you trying to come back to work after an injury or a long illness but your employer is not letting you to come back to work? Or did you come back and now your employer is attacking your performance, your attendance and unjustifiably places you on a Performance Improvement Plan (PIP)? If this sounds familiar, then you might be experiencing retaliation for taking a legally-protected Family and Medical Leave Act/California Family Rights Act (FMLA/CFRA) leave.
Employers are prohibited from interfering with your right to take FMLA/CFRA leave, or discriminating or retaliating against you for taking such leave. California law extends these protections to persons who take FMLA/CFRA leave in order to care for a family member suffering from a serious health condition. As such, employers cannot consider your FMLA/CFRA leave as a negative factor in employment decisions, such as hiring, promotions, disciplinary actions, or termination; nor can such leave be counted under “no fault” attendance policies.
In many cases, such retaliation may only be immediately apparent for experienced lawyers. For example, one of our clients had her sick leave taken away after she came back from CFRA leave. As a result, WJA attorneys obtained an unanimous $1,377,000 verdict (12-0) at trial on her CFRA Retaliation claim. It is critical that you hire an experienced attorney to handle your case.
If you think that your employer has discriminated or retaliated against you for requesting or taking medical leave, it is a good idea to speak with a retaliation attorney at Workplace Justice Advocates.