Category Archives: Wrongful Termination

Family Medical Leave – Settlement

Family Medical Leave – Settlement

First of all, in February 2017, we achieved a $175,000.00 settlement for our client in regards to family medical leave. The client was a Finance Manager at an Automobile Dealership. She was wrongfully terminated in violation of the California Family Rights Act and California’s Fair Employment & Housing Act.

In July 2016, our client exercised her right to take a Family Medical Leave. She exercised her right due to her own serious medical condition.  In August 2016, the employer refused to return our client to her position upon her return from Family Medical Leave. At that time, the employer asserted in writing that it had no obligation to our client. This was because our client was a “key employee” of the dealership.  In that regard, the employer determined that our client was ineligible for Family Medical Leave. This was due to the fact that she was in the top 10% of wage earners in the company. Thus, she was exempt from the California’s Family Rights Act.

Furthermore, our client was in the top 10% of earners in the company. She earned all of her wages on a commission basis.  There are requirements for the Family Medical Leave key employee exemption to apply. California law requires employers to pay key employees on a salary basis. Our client earned 100% of her wages on commission. The exemption did not apply to our client, so we settled the case in February 2017.

California employees must know and understand their rights when requesting Family Medical Leave for a serious medical condition for themselves or a close family member.  Some employers believe their obligations to the employee ends after the employee exhausts their 12 weeks of unpaid Family Medical Leave in a calendar year.  That’s simply not the case.  Even after an employee exhausts their rights, the employer has additional legal duties to accommodate the employee.  The employer may even be required to provide the employee with additional reasonable unpaid medical leave under the California’s anti-discrimination law (Fair Employment & Housing Act).

How We Can Help You with Family Medical Leave

Finally, please contact us for a free consultation. We can answer your questions about your right(s) with regard to Family Medical Leave or reasonable accommodations. You may call us at (800) 507-9470 and speak directly with one of our partners.

What Can You Do if You’re Involved in an Wrongful Termination?

What Can You Do if You’re Involved in an Wrongful Termination?

Since your job is probably your livelihood you can’t afford to stand by and do nothing if an employer violates the law by wrongfully terminating your employment. In California, employee rights are protected by laws and legal precedents that establish what may and may not be considered an illegal firing. Most employment relationships in California are considered “at-will.” As a result, either party may terminate the relationship at any time for any reason. The law still protects at-will employees from termination for certain specific reasons as a matter of public policy. First of all, if you suspect that your rights may have been violated and you have been wrongfully terminated, avoid speaking to anybody in your former office about your case. Do not even speak with close friends. Most noteworthy it’s important to speak with an attorney about your personal wrongful termination as quickly as you can.

The law places limits on the amount of time that victims have to pursue damages in court for a wrongful termination claim. Hence, these time limits are statutes of limitation. It’s important to work quickly to secure a wrongful termination attorney in San Diego because you will have no standing to pursue damages through the courts if the statute of limitations expires. Different laws have different limits. Also, by moving fast to secure an experienced attorney, you give your attorney as much time as possible to investigate your claims. This will allow them to prepare your legal argument, which can only help your case in the long run.

Furthermore, in California, termination of employment is illegal when it is used as a form of harassment or discrimination based on your race, color, religion, creed, national origin, ancestry, physical / mental disability, medical condition, gender, age, sexual orientation, or marital status. In addition, your termination from an at-will employment relationship may not be used as a form of retaliation against you for reporting your employer for improper or criminal behavior, for taking part in a harassment or discrimination investigation of your employer, for legal union activity or taking part in an investigation conducted by a union, for taking family medical leave, or for applying for workers’ compensation benefits following an injury on the job.

Lastly, keep in mind that each case of alleged wrongful termination will consist of different facts. Due to everyone having a unique situation, these facts could weigh differently on each case. This is why it is so important to let an experienced attorney serve as your wrongful termination attorney. Your attorney will review the facts of your case and help you determine your best legal course of action. We can help you every step of the way if you decide to move forward with a wrongful termination claim.

How We Can Help with Wrongful Termination

Advantage Law Group is a boutique law office. Our clients work directly with the wrongful termination attorney who handle their cases, not office managers or paralegals. We have years of experience practicing wrongful termination cases. Our attorneys have collectively won millions of dollars in damages for clients in their wrongful termination cases.

Finally, please contact us to about how to pursue a claim against an employer for wrongful termination or you can learn more before calling. You can contact Advantage Law Group and speak with a wrongful termination attorney in San Diego today.

SAN DIEGO OFFICE

5820 Oberlin Drive, Suite 110
San Diego, CA 92121
Phone: 800-507-9470
Fax: 858-622-9540

ORANGE COUNTY OFFICE

7700 Irvine Center Drive, Suite 800
Irvine, CA 92618
Phone: 800-507-9470
Fax: 858-622-9540

BAY AREA OFFICE

201 Spear Street, Suite 1100
San Francisco, CA 94105
Phone: 800-507-9470
Fax: 858-622-9540