Los Angeles Medical Leave Retaliation Lawyer

Top-Rated Medical Leave Retaliation Attorney in Los Angeles, CA

Every qualifying employee in California is entitled to medical leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). Unfortunately, some employers may be resentful of the fact that you took your medical leave and try to retaliate against you in one of several ways. Retaliation is illegal under the state’s labor laws. If it happens to you, you should contact a Los Angeles medical leave retaliation lawyer.

The legal team at California Employment Counsel, APC knows how stressful a medical leave retaliation case can be for you, especially if you are still recovering from a medical condition. The state’s medical leave retaliation laws are generally on your side, and a skilled Los Angeles medical leave retaliation attorney can help you protect yourself. Our team Los Angeles employment lawyers have years of combined experience helping clients through similar situations.

Our Anaheim Attorneys

Raymond E.Hane III

Our Founding Attorney

Nicholas A.Hane, Esq.

Trial Counsel

Meet Our Team

Medical Leave Retaliation in California

If you choose to file a medical leave retaliation case in Los Angeles, the location of your case depends entirely on whether you are filing a state or federal claim. If your claim is at the state level, it’s handled by the Superior Court of California, County of Los Angeles. If your claim is at the federal level, it’s handled by the U.S. District Court, Central District of California. Either way, you should hire a medical leave retaliation lawyer to help you file your claim.

Unfortunately, medical leave retaliation is fairly common, even in a state like California, where labor protections are comprehensive. This can be especially true for pregnant employees, who faced 195 workplace discrimination cases in the state in 2025. Roughly 400,100 babies are born in California every year, and many of those mothers need to take medical leave from their jobs. The state allows employees up to four months of medical leave for childbirth or a related condition.

Other Types of Anaheim Cases We Handle

• Unpaid Wages & Overtime
• Workplace Harassment
• Sexual Harassment
• Workplace Discrimination
• Whistleblowers
• Wrongful Termination

Examples of Medical Leave Retaliation

It is illegal for an employer to seek retaliatory actions against an employee for any reason, including medical leave. In some cases, you may not even immediately be aware that your employer is taking adverse action against you. They might dress it up to seem perfectly reasonable at the time.

It’s important that you recognize what retaliation can look like when you return to your job after taking the medical leave that you are owed. This can include:

• Wrongful termination: It’s not uncommon for employers to simply fire an employee when they ask for medical leave or try to take it. California is an at-will employment state, which means that your employer can fire you whenever they want, without cause. However, some reasons for termination are illegal, including retaliation. If you believe you were wrongfully terminated, contact an employment lawyer immediately.
• Demotion: If you suddenly find yourself moved to a different department with fewer responsibilities after returning from medical leave, that may be a retaliatory action. A demotion without cause can be seen as an adverse action, especially if it coincides with asking for medical leave or taking it. Document every interaction you have with your employer regarding the demotion.
• Pay and performance issues: Upon returning from medical leave, you may be given a pay cut or a reduction in your work hours. Some employers who do this may view it as punishment for not being a team player, and you may endure repeated financial slights. This can include being denied a standard pay raise or promotion, a sudden influx of poor performance reviews, and even unwarranted write-ups to justify all of this.
• Hostility and harassment: Perhaps the worst direction that retaliation can take for you in the workplace is the idea that you are no longer part of the team. Your employer may look the other way if you are harassed or excluded. They may even encourage such behavior. Document every interaction you have. The more evidence you collect, the easier it can be to build a substantial case.

What Our Clients Say

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Ray and Nick were an amazing team to work with during a very hard time in my life. Both worked diligently on a resolution and I am happy to say…

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I was lost and calling around for advice to help me with my work situations. Nick was there to help me through it all even when he wasn’t my lawyer…

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When I first reached out to Ray and Melissa, I had been terminated from my position for complaining of sexual harassment. Immediately I knew I was in good hands with…

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FAQs

What Is Considered Retaliation After Taking Medical Leave?

Any behavior that can be perceived as punishment to an employee for taking their protected medical leave can be viewed as retaliation. This behavior can take the form of termination, demotion, pay cuts, fewer hours, and harassment. Federal law prohibits employers from using your leave as a negative element when making job decisions. If you feel your employer is retaliating against you, contact an employment lawyer as soon as you can.

Can I Be Fired While On Medical Leave in California?

No, you cannot legally be fired while on medical leave in California. However, vindictive employers can find ways around this. Since California is an at-will employment state, they don’t need cause to fire you. What they may try to do is fire you for reasons completely unrelated to your medical leave. They may try to use a company-wide layoff or performance issues from before you took your leave.

How Much Can You Get for a Medical Leave Retaliation Case?

There is no telling how much you could get for a medical retaliation case. It depends entirely on the details of your case, the evidence you have that proves retaliation, and how much your company is willing to settle for. The majority of these cases are not decided in a courtroom. They don’t make it that far. They are mostly settled through negotiation. You can pursue damages in the form of back pay, front pay, emotional distress, and legal fees.

Should I Hire an Employment Lawyer?

Yes, you should hire an employment lawyer. It doesn’t take much for a case like this to become overwhelming, confusing, and emotional. You may be reluctant to take certain legal actions out of fear of losing your job or being blacklisted, which is understandable. You should consider hiring an employment lawyer who knows what you need to do and can offer consistent advice. The right lawyer can make a considerable difference.

Be Sure to Hire a Medical Leave Retaliation Lawyer

At California Employment Counsel, APC, we can help you gather the resources necessary to combat mistreatment from your employer. Contact us to speak with a team member about your case.

Anaheim Employment Law Resources

• Can You Terminate a Pregnant Employee?
• Reasonable Accommodations for Pregnancy in California