Blog

Wrongfully Terminated: Protected Absence

Wrongful termination in California refers to an employee being dismissed from their job for unlawful reasons. This can include termination in violation of federal and state anti-discrimination laws, retaliation for whistle-blowing, or dismissal for taking legally protected leave.

Legal protection against wrongful termination involving a protected leave of absence stands as a critical area of concern. That is why our Los Angeles County employment attorneys emphasize the importance of understanding the California laws that ensure fair treatment to employees.

Protected Leave of Absence in California

In California, employees are legally entitled to take a ‘protected leave of absence’ for various reasons, ensuring job security during their absence. This provision covers several types of leave, such as:

• Medical leave for personal or family health issues,
• Maternity or paternity leave, and
• Time off to address domestic violence matters.

Notably, these leaves are safeguarded under the law, which mandates that employers not only refrain from penalizing or terminating employees for taking such leaves but also uphold the privacy and job stability of the employees during and after their leave.

What to Do After the Wrongful Termination

If you believe you have been wrongfully terminated in California due to taking a protected leave of absence, there are specific steps you should follow:

• Understand Your Rights: Familiarize yourself with the state and federal laws regarding protected leave and wrongful termination.
• Document Everything: Keep detailed records of all communications regarding your leave and any correspondence or actions taken upon your return.
• Consult an Attorney: Contact a Los Angeles County employment attorney. They can provide legal guidance on your case and help you understand your legal options.
• File a Claim: Your attorney will assist you in filing a claim against your employer.
• Prepare for the Process: Be ready to participate in legal proceedings, which may include providing evidence, attending hearings, and working closely with your attorney.

If you find yourself in such a situation, do not hesitate to reach out. Contact us today for a consultation, and let us advocate for your rights in the workplace.