California has arguably the most employee-friendly laws in the country. The state offers strong legal protections and worker rights through laws such as the California Family Rights Act (CFRA), which offers job-protected leave to eligible workers.
If your employer has violated the CFRA by denying you a leave request, firing you from your job, or retaliating against you for taking unpaid leave, you have legal rights. Our experienced employment attorneys at Fairchild Employment Law can help you protect them.
Why Choose Us?
- We have spent decades handling employment law and CFRA cases in California. Jillian Fairchild is a former defense lawyer for employers, so she understands how the other side operates.
- Our team can help you get the compensation you’re legally entitled to. We have successfully recovered millions of dollars in settlements and verdicts for wronged workers in California.
- We take California Family Rights Act cases on a contingency fee basis, meaning we won’t get paid unless you do. There are no upfront fees for our services.
When to Contact an Employment Lawyer in San Diego
Employers have certain legal obligations under the CFRA in terms of granting job-protected leave to qualifying employees. If you are eligible for job-protected leave but your employer is not honoring this right, contact an employment law attorney in San Diego right away.
A lawyer can investigate your situation for proof of a CFRA violation, collect evidence against your employer, file an official complaint with the California Civil Rights Department on your behalf, and seek maximum financial compensation for your related losses. An attorney can also take on your employer in court, if necessary, although most CFRA cases reach settlements.
What Is the California Family Rights Act?
The California Family Rights Act (California Government Code § 12945.2) is a state leave law that ensures unpaid, job-protected leave for workers in California under certain circumstances. The CFRA protects the status of your job if you need to take time off work to:
- Care for a family member who is seriously ill
- Handle your own serious illness
- Bond with a newly born or adopted child
- Participate in a qualifying event related to a family member’s military deployment to a foreign country
Under the CFRA, employees in San Diego can take up to 12 (unpaid) weeks off per 12-month period for these eligible reasons without fear of losing their jobs, getting demoted, or retaliation in the form of other adverse employment actions.
Common Examples of CFRA Violations
Job-protected leave under the California Family Rights Act is given to any employee (though not an independent contractor) who works for an employer with at least five employees, who has worked at least 12 months for the employer (not necessarily consecutively), and who has worked at least 1,250 hours in the 12 months prior to taking the leave.
CFRA violations can take the form of an employer refusing to approve your leave request, although you qualify, demoting or terminating your employment during or after CFRA leave, failing to reinstate you, misclassifying your leave as an unexcused absence, requiring excessive medical documentation or personal information to approve your request, or otherwise interfering with the rights granted to you under this state law.
Contact Us for a Free CFRA Consultation in San Diego
As a victim of a recent CFRA violation, you may be entitled to financial compensation for your losses. This may include backpay, interest, pain and suffering, job reinstatement (if applicable), and punitive damages against your employer. Contact Fairchild Employment Law to discuss your case and determine its value during a free consultation. We care about workers in San Diego and can guide you through the legal process ahead with customized legal strategies. Contact us online or call (619) 306-1454 today to learn more during a free case evaluation.