Dealing with a serious health condition or caring for a sick family member is one of the most stressful experiences a person can face. The last thing you should have to worry about during such a vulnerable time is the security of your job. California law recognizes the importance of balancing work and health, offering robust protections for employees who need to take time off for medical reasons. However, not every employer respects these rights. If you have faced hostility, demotion or termination after exercising your right to medical leave, the Law Offices of Jeannette A. Vaccaro PC is here to help. Our medical retaliation lawyer in San Mateo is dedicated to holding employers accountable when they violate state and federal labor laws.
The California Family Rights Act (CFRA) is a crucial piece of legislation that provides eligible employees with up to 12 weeks of unpaid, job-protected leave. This leave can be used to recover from your own serious health condition, bond with a new child or care for a family member with a serious illness. Unlike federal laws that may have narrower definitions, the CFRA offers broad protection, including leave to care for registered domestic partners.
To be eligible for these protections, you generally must meet specific criteria regarding your employment history. It is important to understand that if you meet these requirements, your employer cannot legally interfere with your right to take leave. Eligibility requirements typically include:
Retaliation is not always as obvious as an immediate firing. Employers often use subtle tactics to discourage employees from taking leave or to punish them upon their return. The law prohibits employers from interfering with, restraining or denying the exercise of your rights. This means they cannot pressure you to return early, force you to find your own replacement or count your medical leave as an unexcused absence in a disciplinary point system.
Furthermore, upon your return, you are generally entitled to reinstatement to the same or a comparable position. Retaliation occurs when an employer carries out an adverse employment action against you because you requested or took leave. Common examples of adverse actions include:
Proving that an adverse employment action was directly caused by your medical leave request can be complex. Employers frequently attempt to justify their actions by claiming poor performance or corporate restructuring. This is why having an experienced medical retaliation lawyer in San Mateo is vital. We know how to investigate these claims, gather the necessary evidence and establish the causal connection required to prove retaliation.
Our goal is to ensure you are treated with dignity and compensated for the losses you have suffered. When you hire our firm to represent you, we manage the legal heavy lifting so you can focus on moving forward. Our approach includes:
If you believe your rights have been violated, do not face your employer alone. The Law Offices of Jeannette A. Vaccaro PC has a proven track record of recovering compensation on behalf of employees who have been wronged. We are passionate about shedding light on injustices and helping our clients move beyond troubling times. Contact our medical retaliation lawyer in San Mateo today to schedule a free case evaluation.
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Settlement after arbitration in a disability discrimination case involving a tech worker.
Settlement after successful jury verdict in disability discrimination case.
Arbitration award in race harassment and discrimination suit.
Arbitration award obtained on behalf of employee terminated on account of his national origin.
Settlement on behalf of a janitor in a medical leave retaliation case.
Settlement for employee that was retaliated against on account of reporting discrimination.
Settlement for employee discriminated against on account of her gender.
Pre-litigation settlement for victim of race & national origin discrimination.
Settlement negotiated in a gender discrimination case.
