No, your employer cannot legally terminate you for taking Family and Medical Leave Act (FMLA) or California’s Family Rights Act (CFRA) leave and doing so would constitute illegal interference with your protected leave rights. However, understanding the nuances of these protections is important because employers sometimes attempt to disguise retaliatory terminations as legitimate business decisions, and your specific circumstances affect the strength of your protections. […]
read moreFair Employment and Housing Act (FEHA) provides significantly broader protections than the ADA in numerous critical areas, reflecting California’s leadership in disability rights and its commitment to exceeding federal minimum standards. Government Code Section 12926.1(a) explicitly declares that “the law of this state in the area of disabilities provides protections independent from those in the […]
read moreYou should never sign a severance agreement without careful review and consideration, preferably with legal advice, because these agreements often contain provisions that can significantly impact your legal rights and future opportunities. While severance can provide valuable financial benefits during your transition, the terms of these agreements frequently favor employers and may waive important rights […]
read moreFair Employment and Housing Act (FEHA) establishes a comprehensive framework prohibiting various forms of disability discrimination in employment, creating multiple causes of action that address different aspects of discriminatory treatment. These prohibitions reflect California’s commitment to ensuring that disability never serves as a basis for adverse employment decisions or workplace mistreatment. Core Discrimination Prohibitions Under […]
read moreFirst, employees should get a doctor’s evaluation first that confirms their disability. The doctor will diagnose and document your medical problem, and the doctor should recommend accommodation to your employer. Employees should review their company’s HR policies and procedures regarding disability accommodations and follow their processes. Most employers have specific forms, procedures, etc.,on how to […]
read moreFEHA imposes comprehensive reasonable accommodation obligations on employers that are broader than federal requirements, creating an affirmative duty to accommodate disabled workers in multiple circumstances. Under Government Code Section 12940(m), employers must make reasonable accommodation for the known disabilities of applicants and employees to enable them to perform a position’s essential functions, unless doing so […]
read moreFEHA’s definition of disability is notably broader and more inclusive than federal disability laws, reflecting California’s commitment to comprehensive protection for individuals with impairments. The Act recognizes three main categories: physical disability, mental disability, and medical condition, each with specific legal definitions and protections. Physical Disability under Government Code Section 12926(m)(1) includes any physiological disease, […]
read moreThe California Fair Employment and Housing Act (FEHA), codified in Government Code sections 12900 et seq., stands as one of the most comprehensive and employee-protective civil rights laws in the United States. The Legislature enacted FEHA with a clear purpose: “to provide effective remedies to eliminate such discrimination, including discrimination not just because of one […]
read moreYour consultations with an attorney are strictly confidential and protected by attorney-client privilege, which means your employer will not find out that you’ve spoken with a lawyer unless you choose to take legal action or tell them yourself. This privilege is one of the strongest protections in the legal system and is designed specifically to […]
read moreYou should never sign a severance agreement without careful review and consideration, preferably with legal advice, because these agreements often contain provisions that can significantly impact your legal rights and future opportunities. While severance can provide valuable financial benefits during your transition, the terms of these agreements frequently favor employers and may waive important rights […]
read moreYour job is more than just a source of income. It is a major part of your lifestyle. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve.
To learn more, contact our California law office today and schedule an initial evaluation to discuss your case.