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California lawsuit involves Family Medical Leave Act

| Jan 31, 2018 | Firm News, Wrongful Termination |

Employees of all businesses have protected rights under California law, including freedom from sexual harassment and inappropriate workplace behavior. If a worker is terminated from his or her position, an employer must show a legal cause to protect his or her rights to employment.

A former employee of a large entertainment company is alleging discrimination and violation of California’s Family and Medical Leave Act (FMLA) as well as wrongful termination in a recent lawsuit. This is a topical issue since the beginning of 2018 brought an expansion of entitlements to family leave in the Golden State.

The complaint claims lost wages and other benefits, with additional money for emotional distress after termination. The plaintiff reported that the company failed to allow her appropriate time to care for her ill father under FMLA and then terminated her employment when she attempted to take leave.

The incident occurred after nearly two years of employment, and the company did not offer reinstatement when the plaintiff tried to return to work. Employees are guaranteed several weeks of unpaid leave after the birth of a child, a medical problem or the need to care for an immediate family member. The original job of an employee must still be available after leave is over.

People who have been unfairly terminated or restricted from their job due to family leave or other reason may have a case for financial damages or reinstatement at the job or company. Leal representation may help victims get their lives back in order with court settlements, trial by jury or other legal action.

Source: Northern California Record, “Former employee accuses Disney of wrongful termination,” Jenie Mallari-Torres, Jan. 12, 2018