Question

Restaurant/California: medical leave termination

Asked 6 January 2013 · 1 answer

The question

I was recently terminated from a restaurant in California for taking pre-approved medial and family leave. My proficiency as an employee was in no way deemed unsatisfactory and I was never given a warning or written up for any misconduct or mistakes. Do I have any grounds for taking legal action? I appreciate any feedback.

From the LawyerCentral forum archive. Originally posted 6 January 2013 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 8 January 2013

A few questions: What was the nature of your family leave? How many employees does your former employer have? How long have you worked for that employer? (I also assume that you are a woman. Forgive me if you are not)

Two laws may be of help to you:

Family and Medical Leave Act which protects employees for up to 12 weeks of leave

Pregnancy Discrimination Act which makes termination based on pregnancy a form of gender discrimination and therefore illegal

These laws have requirements about the number of employees and the amount of time worked for employers, hence the questions.

Please seek an employment or civil rights lawyer for legal advice. There may be other laws applicable that I am not aware of.

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