Is It Wrongful Termination If Your Employer Fires You For Requesting A Medical Leave?
Pursuant to the federal Family and Medical Leave Act, taking a leave of absence from work is a protected activity. The FMLA codifies the right of workers to take an unpaid medical leave for up to 12 weeks, during which the employer does not have the right to terminate the worker’s employment. Furthermore, California law requires employers to provide at least three days of paid sick leave per year to full-time employees. If your employment contract indicates more paid medical leave than this, your employer must honor the promises they made in your contract. If your employer fires you or takes any other adverse action against you in response to your request to use your medical leave, this may be wrongful termination of employment or retaliation, which are both illegal. If your employer fired you for requesting a medical leave, contact a Los Angeles retaliation lawyer.
Celebrity Couple Faces Lawsuit From Former Nanny
The plaintiff in this case began working as a nanny for a Los Angeles area family with two young children in 2018. The children’s parents are both Hollywood actors, and the nanny worked for the family on a live-in basis, as both parents traveled frequently for work. The couple’s relationship deteriorated in 2020, creating what the nanny described as a “tense environment” in the house where she lived and worked. Things only got worse when the children’s mother moved out in November 2020, and a custody battle seemed inevitable. The parents tried to get the nanny to take sides in their disputes.
With the children’s mother no longer living in the family home, the nanny’s workload became even heavier. The parents and the nanny engaged in family therapy together. When the nanny told the therapist about her stress and anxiety resulting from her work, the therapist encouraged her to see a physician. The physician told the nanny that she should take a three-day leave of absence from work. When the nanny told this to the parents and left the house for her leave of absence, the father proceeded to make numerous attempts to contact her. The nanny did not answer, as she had explained to the parents that, by doctor’s orders, she would not be on duty for the next three days. By the time the three days had elapsed, the father had informed the nanny that he had terminated her employment.
The nanny filed a lawsuit against the parents in Los Angeles County in February 2023, alleging employer retaliation and wrongful termination of employment. News reports did not indicate what damages the plaintiff is seeking.
Speak With a Los Angeles Employer Retaliation Lawyer
A Los Angeles employment discrimination lawyer can help you if your employer fired you after you requested disability accommodations or refused to allow you to take a medical leave. Contact Obagi Law Group, P.C. in Los Angeles, California to discuss your situation or call 424-284-2401.