FAQ

No, your employer cannot legally retaliate against you for taking leave under California's Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA), as both laws explicitly prohibit employers from discriminating, discharging, or taking other adverse employment actions against employees who exercise their right to take protected leave.

The California Family Rights Act (CFRA) provides eligible employees up to 12 workweeks of unpaid leave annually for serious health conditions, family care, childbirth, adoption, or military exigencies. Employers with five or more employees must comply. Employees qualify after working 1,250 hours within the 12 months preceding leave.

California's Pregnancy Disability Leave Law (PDLL) requires employers with five or more employees to provide up to four months of unpaid leave per pregnancy for disabilities due to pregnancy, childbirth, or related medical conditions. Leave can be taken intermittently as medically necessary and is separate from CFRA bonding leave.

Employers must provide reasonable accommodation including job restructuring, modified schedules, assistive devices, transfers to vacant positions, or unpaid leave unless it causes undue hardship. The interactive process is mandatory to determine appropriate accommodations for known disabilities.

The interactive process is a mandatory good-faith dialogue between employer and employee to determine reasonable accommodations. Employers must initiate it when aware of a disability. Failure to engage is a separate violation even if no accommodation was ultimately possible.

No. California law strictly prohibits employers from retaliating against employees who file discrimination complaints, oppose unlawful practices, or participate in proceedings. Retaliation includes termination, discipline, demotion, or any other adverse employment action. You're protected even if your underlying complaint is ultimately unsuccessful, if it was made in good faith.

If injured at work, immediately report the incident to your employer and seek medical attention. You're entitled to workers' compensation benefits including medical treatment, temporary disability payments, and permanent disability compensation. An experienced attorney can help navigate the claims process and ensure you receive the maximum benefits available.

California's whistleblower laws protect employees from retaliation for reporting violations of the law to government agencies or their supervisors, and for refusing to participate in illegal activities. California Labor Code section 1102.5 provides for past and future economic damages, emotional distress damages, attorney's fees, and civil penalties up to $10,000 against employers who retaliate.

A severance agreement provides compensation when employment ends in exchange for waiving your right to sue and get damages. These contracts often include non-disclosure and non-disparagement clauses limiting what you can say about your employer. Take your time to review the terms, consider consulting an attorney, and negotiate terms if more is needed.