Employment Lawyers Group Services
Fired After Family Medical Leave
If you were fired due to taking Family Medical Leave, or your employer did not reinstate you after you took Family Medical Leave call (877) 525-0700 to speak to our Family Medical Leave Act lawyers.
Legal cases involving job terminations due to Family Medical Leave often occur when:
- The employer fails to reinstate the employee to their job after they took Family Medical Leave
- The employer claims the employee can be fired because they exhausted Family Medical Leave, but the employee’s medical condition qualified as a disability, or they were entitled to more than twelve weeks off because they were pregnant
- The employer gives the employee’s job away following the employee first taking off for Family Medical Leave
- The employer tires of intermittent Family Medical Leave absences and fires the employee
Who Is Eligible For Family Leave?
The California version of the Federal Family Medical Leave Act is called the California Family Leave Rights Act abbreviated as, “CFRA.” Both the Federal Family Medical Leave Act, abbreviated, “FMLA” and the California Act apply to:
- Employees whom have worked for their employer more than 1,250 hours during the last twelve months
- Employees whom are employed by employers with 50 or more employees for FMLA and 5 for California Law
- Employees not in the to 10% of the wage earners at the employer
- The employee is absent due to a serious medical condition
- The employee takes less than twelve weeks of leave during a calendar year
All of the above prerequisites for CFRA/FMLA can be waived by the employer. There are some employers whom have less than fifty employees and provide CFRA/FMLA coverage to their employees. There are also some employers whom allow employees to take more than twelve weeks for CFRA/FMLA leave and/or they include baby bonding in their CFRA/FMLA coverage. Certainly, an employee should not count on any of these rare exceptions being made to what the California Family Rights Leave Act or Family Medical Leave Act covers.
Common issues in CFRA/FMLA cases involve:
- Employers claiming they never received oral or written notice of the employee’s need for a leave qualifying as CFRA/FMLA leave
- Absences to provide mere moral support to seriously ill family members, but not take care of them
- Employees who may have a somewhat serious medical conditions, but whom fail to get enough medical treatment to qualify for CFRA/FMLA leave
Whatever the employer’s excuse was for your termination of employment, we would like to speak to you if you feel your CFRA/FMLA rights were violated. Our experience in CFRA/FMLA cases include multiple won binding arbitrations in which Family Medical Leave/California Family Rights Leave Act Rights were involved as well as jury trials. We have also settled many cases involving the failure to grant and/or loss of employment due to the exercise of Family Medical Leave/California Family Legal Rights Leaves.
Our Firm: No upfront fees or costs
Contingency Fee Representation
All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.
Serving Santa Clara County
We have proudly served all of Santa Clara County since 1993.
The Employment Lawyers Group has successfully handled
2,000+
Separate California Employment Cases
Media Engagements
Sample Case Results
Employment Case
$18,402,868
Jury verdict for male visually harassed and subject to crude comments by a female manager
breach of commission contract
$1,150,000
Unpaid commissions of two plaintiffs
unpaid wages
$875,000
For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.
Practice Areas
Discrimination
Age, Disability, Family Medical Leave (FMLA/CFRA), Gender, National Origin, Pregnancy, Race, and Sexual Orientation claims.
Unpaid Wages & Overtime
Recovering earnings for Overtime, Bonuses, Commissions, Meal & Rest Breaks, and Prevailing Wage violations.
Sexual Harassment
Compassionate and effective representation for victims of sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and Federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse in their organizations under whistleblower protections.
Our California Locations
Bakersfield
5401 Business Park S, #214,
Bakersfield CA 93309
Los Angeles
Orange County
Riverside
Sacramento
777 Campus Commons Rd, #200,
Sacramento CA 95825
San Bernardino
San Diego
San Francisco
524 Union St, #400,
San Francisco CA 94133
San Jose
Sherman Oaks
Torrance
Ventura
Additional Sites
BostonLaborLaw.com
FresnoEmployeeLawyer.com
JobLawyer.net
ModemStud.com
VintageLosAngeles.org
WorkLawyerCA.info
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment wrongful termination by Karl Gerber.
Ready to Discuss Your Case?
Your rights as an employee matter. Contact us for a free, confidential case review.
Prefer to speak directly?
Call Us: (877) 525-0700