Legal Question in Medical Leave in California

The company I work for just recently inform us that it is going to close down. I have been with the company for 22 years and have been a good role model for the company and have put my all into my job performance. Before this announcement I was promoted to working foreman and it was going quite well. Soon after being promoted I was ask to go back to my former job to help out because several people were out on disability. I agreed to go back to help out my fellow co-workers. Things have changed since, because my father has prostate cancer and I am on FMLA and have had to take time off to help him out with doctor appointments. I wasn't directly told that is why haven't got the position back, but was told that I missed to many days. Since the plant is getting closer to it final days the Management and supervision has been very distance with those who have FMLA. Those who don't have any FMLA are being called and recommended to sister companies. Is this ground for FMLA discrimination or I am over reacting?

Asked on 1/11/13, 4:53 pm

2 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin


If the plant is closing and everyone is laid off, then everyone is subject equally to lay-off, regardless of their FMLA status. The fact that you feel that the management has distanced themselves from you on a personal level of course does not have legal relevance to any kind of discrimination claims.


Arkady Itkin

San Francisco & Sacramento Employment Lawyer.

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Answered on 1/11/13, 7:00 pm
Terry A. Nelson Nelson & Lawless

You have max one year from any claimed incident of discrimination to bring your legal action.

Closing a plant does not provide grounds for any discrimination complaint.

Since you are on leave, off work, and 'unable to work', it is not discriminatory to not offer you a transfer. You couldn't take it if offered.

Therefore, unless you have a specific incident prior to this closing notice, that you can prove was actual discrimination rather than factual criticism of your attendance and performance, it doesn't appear you have any claims to make.

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Answered on 1/12/13, 12:28 pm

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