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$100,000,000+ Recovered for our clients

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$10,000,000

Wrongful Termination

$6,700,000

Jury Verdict in Los Angeles County Superior Court for a $15/hr employee fired only because she was a pregnant Mexican woman who needed a handful of days off to give birth to her baby. Click here to learn more about this case.

$5,000,000

Construction Accident

$4,700,000

Hospital Employee Fired

$4,000,000

$4,000,000 Arbitration win for a sales associate at a major retail chain for workplace sexual assault. Click here to learn more about this case.

$3,400,000

Healthcare System

$3,320,000

Wrongful Termination

Bakersfield FMLA Leave Wrongful Termination

Losing a job after taking leave under the Family and Medical Leave Act (FMLA) can be devastating. If your employer has terminated you, they may have ignored your rights. It is understandable to ask whether the decision was lawful. Bakersfield FMLA leave wrongful termination cases are not always straightforward, since both federal and state rules may apply. It is difficult to sort through those rules without help.

An attorney at Levin & Nalbandyan could review the termination timing, the documentation, and the employer’s explanation. We could also explain the steps you should take and how the law may apply. Speaking with our lawyers could clarify the process and timeline if you wish to pursue a claim.

What Are the State and Federal Leave Laws?

The FMLA, a federal law, entitles eligible employees to take up to 12 weeks of unpaid leave with job protection. Bakersfield employees using family and medical leave have additional protection from wrongful termination under the Family Rights Act (CFRA), found in Gov. Code § 12945.2. This law applies to many smaller employers and covers more family situations. Pregnancy Disability Leave under Gov. Code § 12945 can add even more time for certain employees.

Employers must return an employee to the same or a similar position once leave ends. They cannot punish or fire someone for asking about the FMLA or CFRA leave, or for taking it. Employers are often guilty of wrongful termination in workplaces that depend on steady staffing, including hospitals, farms, warehouses, and public offices.

Deadlines are strict. You must file a federal FMLA claim within two years, or three if the violation was intentional. CFRA and Fair Employment and Housing Act claims typically begin with a complaint to the Civil Rights Department within three years of the event. Other laws, such as those found in Labor Code § 1102.5, may apply if the termination follows a workplace complaint.

Employees seeking assistance with FMLA leave wrongful termination often require guidance on applicable laws, evidence collection, and case progression.

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AT LEVIN & NALBANDYAN, LLP, WE HANDLE THE FOLLOWING KINDS OF EMPLOYMENT LAW CLAIMS

Class Actions

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Disability & Medical Conditions

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Discrimination

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Harassment

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Leave Of Absence

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Sexual Harassment

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Wage & Hour Disputes

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Whistleblower

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Wrongful Termination

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Protecting Your Rights and Building a Case

Evidence is the deciding factor in wrongful termination cases. Lawyers closely examine documented changes before and after an employee’s leave. They review how policies were applied and whether the employer’s reason for firing was valid and supported by proof. A lawyer handling wrongful termination after FMLA leave in Bakersfield may:

Check eligibility under the FMLA or CFRA
Gather email, schedule, and performance records
Compare employer relations with the employee before and after the leave
Document communication with Human Resources
File claims with the Department of Labor or the Civil Rights Department
Advocate for reinstatement, back pay, and other compensation

Outcomes depend on the claim. Federal cases may be awarded back pay and liquidated damages. Claims under the CFRA or Fair Employment and Housing Act (FEHA) may include compensation for lost wages and benefits, emotional damages, and attorneys’ fees. Although employers often have rigid attendance policies, they must abide by the laws protecting employees. You may benefit from a legal counselor who knows both state and federal regulations and can take the case to court if needed.

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More on Employment Law

Why Should I Hire an Employment Lawyer?

Employment issues can often be difficult to come across, especially if there are serious obstacles to overcome such as harassment or discrimination. Fortunately, there are laws that are there to help protect employees in the workplace. It is important that you hire an attorney to help you better understand your rights and your remedies if you have been the victim of a workplace dispute.

Know the Law & What is Illegal

Some individuals fail to take action against employers simply because they don’t know they’re a victim of a volatile workplace or that they have legal options. By speaking with a lawyer and discussing your situation, you can better understand what actions are illegal, what you can do to seek justice, and who is responsible. Then you can understand what you may be entitled to and what else can be done to help get you the compensation you deserve.

Protection From the Defense

Keep in mind, your employer or whoever is responsible for the workplace harassment or discrimination will most likely have a strong legal team looking out for their best interests. This means you also need strong legal counsel. A lawyer will be there to present the necessary evidence and help you navigate the legal system without concern. An attorney can help you fill out the proper paperwork, meet deadlines, and work towards a favorable resolution. Our Los Angeles employee rights attorneys at Levin & Nalbandyan, LLP are committed to the rights of employees who have been the victim of workplace discrimination, harassment, wrongful termination, wage and hour disputes, and more.

Featured Areas of Practice

Our Los Angeles employment law attorneys have over a decade of experience helping protect employee rights in California. We believe that companies must be held accountable for violating state or federal laws designed to protect employees from wrongdoing. At Levin & Nalbandyan, LLP, we handle the following kinds of employment law claims:

Class Actions
Harassment
Wage & Hour Disputes
Discrimination
Sexual Harassment
Wrongful Termination

If you believe that you were mistreated or abused at work, you might be entitled to compensation. It is important to discuss your case with a Los Angeles employment law attorney as early as possible in order to achieve the best possible outcome in your case.

Why Hire a Los Angeles Employment Law Attorney

A Los Angeles employment law attorney can help you get compensation if you were mistreated, harassed, or discriminated against at work. Without the help of an attorney, you may not get the recovery you deserve, despite the fact that your company violated state or federal law. Employment law is complicated and follows strict legal procedures. Failure to comply with these guidelines may result in your claim being denied or dismissed. An attorney can help ensure that you meet all statutory requirements and file the appropriate legal documents. It is important to note that you only have a limited amount of time to file, so the earlier you consult an attorney, the more likely your case will be heard.

When to Hire an Attorney

It is never too early to consult with an attorney, but it can be too late. The earlier in the process you retain legal representation, the better. Filing a claim beyond the statute of limitations may result in your case being dismissed or may bar your right to recovery.

How We Can Help

When employees are discriminated against, harassed, or mistreated, they deserve an advocate. They deserve someone who will fight to protect their rights and hold wrongdoers accountable. At Levin & Nalbandyan, our Los Angeles employment law attorneys aggressively defend the rights of workers, never resting until justice is served. Companies big and small often take advantage of employees, failing to pay them sufficient wages or creating an unsafe, hostile work environment. We believe that workers deserve better. Our firm is dedicated to helping those that have suffered at the hands of their employers.

Proven Results for Our Clients

We believe that employees deserve to be treated fairly; anything less is unacceptable and unlawful. When there has been a violation of state or federal law, our Los Angeles employment law attorneys do not give up. We have obtained multiple seven-figure settlements and verdicts on behalf of our clients, including a $10 million jury verdict for a victim of workplace sexual harassment. If your employer has engaged in any form of harassment, discrimination, or abuse, you should not wait. Get the legal help you need now.

Contact Our Bakersfield Office Today for Assistance With Family and Medical Leave Wrongful Termination

If your employer fired you after taking family or medical leave, it is essential to understand your legal rights before making decisions. Speaking with our attorney can help you take a comprehensive view and protect your options.

Levin & Nalbandyan Trial Lawyers handle Bakersfield FMLA leave wrongful termination cases and can explain your options, guide you through the process, and help you pursue a fair resolution.

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If your claim has been denied or your attorney has decided to give up, reach out to our firm for a second opinion.