Legal Question in Medical Leave in California

My husband and I both work for the same company. They offer 2 weeks paid leave for dads when a baby is born. My husband's quarterly bonus was docked by his manager...I believe as a punishment for taking the 2 weeks off. Other employees have been paid their full bonus after taking a leave of absence. I was paid my full bonus, although it is an annual one. Is there anything we can do?

Asked on 5/30/13, 12:06 pm

2 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Yes. Threaten litigation for discrimination if everyone else gets the privilege besides your husband.

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Answered on 5/30/13, 12:08 pm
Terry A. Nelson Nelson & Lawless

Yes, if you can show the action was in 'retaliation' for the leave, it is illegal discrimination, and grounds for a lawsuit. Use that threat with the company. If you are serious about hiring counsel to help in this, such as if they further retaliate, feel free to contact me.

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Answered on 5/30/13, 4:52 pm

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