Legal Question in Medical Leave in California

employer penalties

i have been working at my employer for approx 20 mos. i took a leave of absence for 30 days. while out, i extended it another 2 weeks during which time my employer fired me. do i have recourse and what penalties apply to the employer?

Asked on 1/05/08, 12:59 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless
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Re: employer penalties

Penalties? None, unless you are claiming you were on FMLA or other legally protected leave [which you didn't say]. You're an 'at will' employee that can normally be fired any time for any reason. IF you were on protected leave, from a qualified employer, then feel free to contact me to discuss the facts, and your rights and remedies, which may include rehire or monetary recovery.

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1/07/08, 12:53 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum
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Re: employer penalties

Assuming you qualified for FMLA leave (in addition to being employed, full-time, more than a year, the employer must employ more than 50 people, locally, and you must have had a qualifying illness for the leave or some other reason protected by law), then, then employer is required to allow you up to 12 weeks off. There may have been an issue regarding proper notification of the extension, or some other issues that need to be looked at.

Consult with an experienced employment law attorney in your area, to review the facts of your case. Be aware that action must be taken within one year of the time you were notified of your termination.

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1/05/08, 2:35 pm

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