The Kaufman Law Firm
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An Employee Rights Law Firm

Matthew A. Kaufman has successfully represented employees in the areas of Family Medical Leave, Disability Discrimination and Wage & Commissions disputes for more than 20 years

California worker sues employer for interference with her FMLA

No matter your line of work, it is important to be aware of your rights as an employee. Even if you have only recently taken a job, you may be eligible for certain consideration, particularly if you have medical issues. Your employer should inform you of your rights, but all too often this does not happen. Taking the time to investigate and understand your situation fully can be extremely beneficial.

In California, a woman resigned from her position after doctors advised her to take multiple weeks off work as a result of a heart condition. She was born with this condition and is required to attend a cardiology clinic periodically. In her first year of employment, she received disciplinary action for her absences. However, by the time she resigned, in the knowledge that she would need to take further time off, she had been employed for over a year.

This means that she should have then been covered under the Family and Medical Leave Act. Unfortunately, she was unaware of this, instead choosing to give up her job. She has since sued the company for not informing her of her right to claim FMLA leave. The court has suggested that she may have a case for interference with her rights.

Confronting an employer about such matters can seem a daunting task. However, you deserve consideration and fair treatment, so it is important to stand your ground. An attorney can help you through the process and may be able to support you in your pursuit of the justice and remuneration you are owed.

Source: Business Management Daily, "Spell out FMLA rules before worker is eligible," Oct. 27, 2014

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