Not to give you a lawyer like answer, but, it depends.
What if I was fired from work in California - what are my other legal options for getting money compensation from my employer?
California Family Rights Act (CFRA)
CFRA Leave Requirements
• Your employer may require written communication from the health-care provider of the child, parent, spouse, or employee with a serious health condition stating the reasons for the leave and the probable duration of the condition.
Pregnancy Disability Leave (PDL)
Family Temporary Disability Insurance (FTDI) or “Paid Family Leave”
Understanding the Protections of the Family and Medical Leave Act (FMLA)
Employees may believe that their jobs are protected under the federal Family and Medical Leave Act (FMLA). While this law provides employees with twelve weeks of unpaid leave each year to cope with unforeseen illness or family problems, it does not apply to all workplaces. Employees can only enjoy the protections of the FMLA if they:
- Work at a company that has 50 or more employees
- Have worked for the company for at least one year
- Have completed at least 1,250 hours of work for the employer in the required year of employment
- Do not exceed twelve weeks of absences
The FMLA states that employees cannot be fired for taking their guaranteed weeks of medical leave, and they cannot be retaliated against for doing so. When employees return from FMLA leave, their employers are required to employ them in their former positions or in a job that is substantially similar. If the employee is on leave due to a medical disability, an employer cannot terminate the employee due to the protections of the Americans with Disabilities Act (ADA). Not only is it illegal to discriminate against an employee with a disability, an employer must attempt to make reasonable accommodations that will allow the employee to do his or her job.
Employers can terminate an employee for reasons unrelated to leave and can do so whether the employee is on leave or not. For example, if an employee goes over the allotted twelve weeks, even by one day, the employer could terminate him or her for excessive absences. The important thing to remember is that while employers may terminate an employee while on protected leave, the employer must provide a legitimate reason for termination that is unrelated to the leave.
Bill Turley is California's leading employment law lawyer - that is why he is frequently asked to testify before the California State Senate and California State Assembly on California employment law
Are you owed a lot of money in unpaid wages?
Find out with a no obligation, free, confidential unpaid wages audit
Basically, an unpaid wages audit will help you determine whether you have been paid all of the wages that you are entitled to under California law. Whether it is an ex-employer that you have worked for in the last four years or a current employer, I suggest that you have an unpaid wages audit.
Based upon what I see every day by talking to workers in California that contact our office, many folks have no idea how their employer is not paying them the wages they are owed under California.
Your first step is contacting our office. First we will talk with you in order to get an initial determination of whether you are owed unpaid wages. This is a no obligation, and free.
If we go forward with the unpaid wages audit, you will never have to pay us. Ever.
It is up to you how you want to proceed after we explain to you the results. If we agree to accept your case, all of our fees will be approved by the court and paid directly by the company.
You can call us at 619-304-1000 or fill out the contact form on this webpage.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. In other words, you outcome may vary. Just because we have had great results in so many employment law cases, doesn't guarantee any particular result with your case. Every case is different.