Advocating For California Employee Rights

Taking medical leave results in alleged retaliation and job loss

On Behalf of | Sep 6, 2017 | Uncategorized

Workers in California and all across the United States have laws at the federal and state level that protect them from unfair acts in the workplace. One of these laws, the federal Family and Medical Leave Act (FMLA), gives qualified employees the right to take an extended period of time off of work for health related reasons or to care for an immediate family member that has a serious health condition. Unfortunately, not all employers are compliant with these laws and, as a form of retaliation, will punish or discipline employees for using medical leave. This is allegedly what happened to an employee in another state and he has taken legal action.

The man has filed a lawsuit alleging that he was terminated because he took medical leave to care for a sick parent. The man worked as a project manager and, in order to care for his sick father, took intermittent medical leave, the lawsuit claims. The plaintiff claims that instead of filing this time away as FMLA-protected leave, his employer classified his leave as vacation time.

According to the lawsuit, the plaintiff was disciplined for taking leave and terminated from his job. The plaintiff claims his employer interfered with his rights to FMLA leave and retaliated against him by terminating his employment. The plaintiff seeks full income and benefits, reinstatement, damages and court costs and fees.

The Family and Medical Leave Act says that all eligible employees can take job-protected leave for family and medical reasons. Unfortunately, some employers will discipline employees for using FMLA leave. When California residents are terminated from a job as a form of retaliation, legal action is strongly encouraged. A successfully litigated lawsuit could result in much-needed compensation and, if desired, reinstatement.

Source:, “Man seeks reinstatement to position at Sundance Vacations”, Louie Torres, Sept. 5, 2017