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California Employment Law Glossary

Termination During Protected Leave
Wrongful Termination

 

Definition


 

Terminating an employee while they are on legally protected leave - including FMLA, CFRA, Pregnancy Disability Leave, or military leave - is presumed to be retaliatory under California law. Employers cannot use the timing of a leave to justify a termination that would otherwise not have occurred. Employees in this situation may have claims for both wrongful termination and leave interference.


Frequently Asked Questions

Generally, no. A termination that occurs during or immediately after protected leave is presumed retaliatory, and your employer would need to prove the firing was completely unrelated to your leave.

Document the timeline of your leave and termination, save any related communications, and speak with an employment attorney promptly, since these claims often have strict filing deadlines.

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Being fired during protected leave is presumed retaliatory under California law. Get a free case review today.
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This glossary is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Lawyers for Employee and Consumer Rights. Laws change - for advice specific to your situation, contact our office for a free case review.