If you suffer an injury or have a medical condition that requires you to take time off work, you could legally do so under the Family and Medical Leave Act. Unfortunately, many employers do not like when you take time off work, even if it’s for something as serious as an injury or medical illness.
The California Family Rights Act also protects employees who leave for a severe health problem.
Employers may try to fire you if you need to take significant time to recover, but you should know they cannot do this unless there is a separate reason.
What Happens if an Employer Fires Me While I’m on Leave?
If an employer does try to fire you for taking a leave of absence, even in an at-will employment state such as California, the termination must come with a reason other than the medical condition you have. Disabilities and medical conditions are protected classes. An employer who makes a termination decision based on your condition is breaking the laws.
An employer may attempt to create a false justification for firing someone on leave. For example, they may claim performance issues or restructuring as the reason for the termination. However, if the evidence shows the decision was tied to your medical leave or health condition, the firing may still violate employment laws. A review of emails, HR records, and the timing of events can reveal whether the stated reason is legitimate or not.
Should your employer terminate your employment because of your medical leave, you can take legal action by filing a wrongful termination lawsuit. This lawsuit can be beneficial in a number of ways and help you recover damages you may suffer because of the wrongful termination.
Legal Protections Against Retaliation After Medical Leave in California
Several federal and California laws exist specifically to prevent employers from punishing workers for legitimate medical needs. If you are wondering whether an employer can dismiss you after taking protected leave, it is critical to understand these protections.
Key legal protections include:
- Family and Medical Leave Act (FMLA) – Gives eligible employees the ability to take up to 12 weeks of unpaid leave for serious health conditions with job protection
- California Family Rights Act (CFRA) – Expands similar protections under California law and applies to many employers within the state
- Americans with Disabilities Act (ADA) – Requires employers to provide reasonable accommodations to employees with qualifying disabilities so they can perform their job
- California Fair Employment and Housing Act (FEHA) – Prohibits discrimination based on disability or medical condition and may require additional leave as an accommodation
If an employer ignores these protections and terminates someone for taking medical leave, the employee may have grounds for legal action.
How Can a Lawsuit Help Me After a Wrongful Termination?
When you are wrongfully terminated, it can negatively impact you in many ways, especially if you are already facing medical bills, ongoing treatment, or the need for additional recovery time. Terminating an employee who is on protected leave also cuts off essential resources such as health insurance coverage, retirement contributions, and other employment benefits that families rely on.
A medical leave of absence lawsuit allows employees to challenge an unlawful termination and recover financial damages that reflect both the immediate and future impact of the termination. These cases typically involve reviewing employment records, communications between supervisors and human resources, and the timing of the termination decision. Evidence that the employer acted shortly after a leave request, questioned the legitimacy of a medical condition, or discouraged the employee from taking leave can often support a claim.
Filing a wrongful termination lawsuit can help with the following:
- Lost wages
- Lost benefits
- Lost potential earning income
- Legal fees
You can hold your employer accountable if he or she tries to fire you for taking medical leave and pursue reinstatement in some cases. Even when reinstatement is not possible, pursuing a legal claim can help ensure that employers are held responsible for violating worker protections.
Potential Remedies that May be Available
Employees who pursue a claim after being fired for medical leave often want to know what a case could accomplish. Potential remedies in a medical leave of absence lawsuit may include:
- Back pay for wages lost after the termination
- Front pay if returning to the job is not possible
- Compensation for lost benefits
- Reinstatement to your former position under certain circumstances
- Payment of attorney’s fees and legal costs
These remedies exist to restore what was taken when an employer violated the law, and they can help a worker financially and emotionally recover from the decision.
Contact LNN About Legal Protections for Employees After Medical Leave
When employers retaliate against workers who prioritize their health, legal action can help workers financially and hold violating employers accountable.
At LNN, we stand ready to help you understand your legal options throughout the complex process. Our Los Angeles employment attorneys have the experience and insight you need to pursue justice and compensation. We represent employees who have worked hard for their careers and deserve to be treated fairly under the law. If you believe you were terminated because of your medical leave, contact us to discuss your situation and learn what options may be available.
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