The California Family Rights Act (CFRA) is a crucial state statute that reinforces and expands upon the federal Family and Medical Leave Act (FMLA). It protects the rights of workers to take up to 12 weeks of unpaid leave in qualifying circumstances.
The law allows those adding children to their families, experiencing medical challenges or supporting family members through medical issues to protect their employment. The CFRA and FMLA both include provisions prohibiting retaliation. Workers fired after requesting leave, while on leave or after returning to work may have experienced a wrongful termination.
Retaliatory firings are illegal
California employers can technically terminate workers for any lawful reason, but they cannot fire workers for engaging in protected workplace activities. Reporting misconduct, asking for medical accommodations or taking leave are not behaviors that should trigger any sort of employer punishment.
Workers who qualify for leave under the CFRA should not lose their jobs or even face demotions for taking an extended absence to handle personal or family matters.
The timing of the termination raises immediate questions about whether the leave request prompted the firing. Especially in scenarios where the employee had previously enjoyed positive performance reviews and avoided disciplinary issues, their sudden termination might not be legal. The employer might offer an explanation for the firing, but the explanation might effectively be a pretext intended to hide the true reasoning behind the company’s decision.
Discussing a recent leave request and subsequent termination with an employment law attorney can help workers to fully understand their rights. Employees fired for unlawful reasons may potentially have grounds to take legal action seeking reinstatement or compensation for the impact of the firing at issue.
