Legal Question in Medical Leave in California

terminated for caring for seriously injured child

i am a financial consultant. my youngest child was seriously injured in an accident. over the last 13 days she has had 3 surgeries. i missed 1 appt because i was with my wife at the hospital waiting for her surgery. i was terminated for that reason. is there any legal recourse? my family comes before my job.


Asked on 4/18/07, 5:00 pm

3 Answers from Attorneys

Alden Knisbacher knisbacher law offices

Re: terminated for caring for seriously injured child

What a horrible thing. . . There may be remedies, depending on the size of your employer, and the protections offered by your job -- sick leave, etc. Feel free to call me at 8 6 6 6 0 0 4 9 0 7 -- handle cases throughout California. Good luck.

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Answered on 4/18/07, 5:17 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: terminated for caring for seriously injured child

I'm very sorry to hear of child's injuries. It is outrageous that your employer lacks the compassion to understand your situation. Unfortunately, unless you are eligible for family medical leave, you may not have any recourse.

If you worked full-time with this employer, for at least one year, and the employer has at least 50 employees within a 75 mile radius of where you are employed, you may have legal remedies.

Hopefully, your child will make a full recovery. When you are of a mind to do so, consult with an experienced employment law attorney in your area, to determine if your rights were violated. You have one year from the date of your termination, to take legal action, if you have a case.

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Answered on 4/18/07, 5:35 pm
Terry A. Nelson Nelson & Lawless

Re: terminated for caring for seriously injured child

If you in any way requested FMLA leave or explained facts that would constitute grounds for such leave, you were protected from retaliation or firing. Contact an experienced attorney to help you asap. Feel free to contact me if you can't find anyone yourself.

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Answered on 4/18/07, 8:46 pm


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