Legal Question in Employment Law in California

I returned to work from a family leave of absence and was immediately attacked by my boss. I was written up for poor performance after getting a good performance months prior. I believe they were retaliating against me for being off for 2 months. I have documentation showing that they were writing me up for things that were not true.


Asked on 4/28/11, 12:16 pm

3 Answers from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

What is your question?

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Answered on 4/28/11, 12:28 pm
Terry A. Nelson Nelson & Lawless

If your CA employer has at least 50 employees, then you would be eligible for 12 weeks of unpaid FMLA / CFRA maternity / medical leave when you are unable to work because of a ‘SERIOUS health condition’, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If and when you are illegally discriminated or retaliated against because of requesting or taking the leave, then you can consider legal claims. You need to be able to prove and explain the connection between the leave and the 'attitude and behavior' you are alleging. You would need corroborating evidence, witnesses, documents, etc.

Now, if you think you can prove they violated those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.

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Answered on 4/28/11, 12:56 pm

You should contact an employment attorney right away. Without knowing more specific details, it is impossible to evaluate whether you are being subjected to unlawful retaliation. If you are still experiencing retaliation and/or if you’ve been fired, please feel free to contact our office at (213) 536-4236, [email protected], or you can fill out an online questionnaire (which will help you focus your story to the relevant facts) at www.sarnofflaw.com.

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Answered on 5/09/11, 2:11 pm


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