Fired on medical leave in California? You may have a case.

What might you recover under California law?

If a claim succeeds, the Fair Employment and Housing Act can allow the remedies below. These rules generally apply to employers with five or more employees. A firing for a real reason that has nothing to do with the leave or the disability can still be legal. Nothing here means a particular case will recover any of these.

• Lost wages and benefits, including back pay and, in some cases, pay going forward when the job is not restored.
• Emotional distress damages. The Fair Employment and Housing Act does not put a dollar cap on them.
• Punitive damages against a private employer when the conduct was malicious, oppressive, or fraudulent. They are generally not available against a public entity.
• Attorney's fees to a prevailing employee. That award is separate from the contingency fee.
• Reinstatement, or a comparable job, in some cases.

Disability discrimination, the duty to accommodate, the interactive process, and retaliation are Government Code 12940. Job-protected family and medical leave for an eligible employee is the California Family Rights Act, Government Code 12945.2: up to 12 workweeks, and a return to the same or a comparable job. An eligible employee has 12 months and 1,250 hours. Fees to a prevailing employee are awarded under Government Code 12965.

Government Code 12940 does not require those 1,250 hours. A finite medical leave can be a reasonable accommodation after CFRA ends. Firing someone instead of that conversation, or applying a rule that nobody returns until they are 100 percent healed, is a common claim.

This is a short page for people who were already fired or let go. For how the leave works, and when a firing can still be legal, read fired during or after medical leave. The disability discrimination page covers accommodations, and the interactive process page covers the discussion an employer has to have.

How does prior defense work change the review?

Aidin Ghavimi, the managing attorney, previously represented large corporations and insurance companies in employment matters. Ryan Riddles, senior litigation attorney, previously defended employers in labor and employment disputes. They have seen the personnel file, the comparison to other employees, and the explanation that the job was simply eliminated. Former employers are not named here. We do not quote a win rate. This background is not a prediction about your case.

What does it take to start?

Do you have a case?

Any one of these is a reason to ask. None of them, by itself, proves a violation.

• You were fired, laid off, or forced out during medical leave, the day you were cleared, or the week you returned.
• The job was described as eliminated, and someone else is doing the work.
• A long good record turned into a sudden bad review timed to the leave.
• Someone commented on your absence, your condition, or your reliability.
• You were denied an accommodation, or told you had to be 100 percent healed to come back.
• Leave was approved, and then the reason for the firing changed.
• You asked for a finite extension after CFRA ended and were fired instead of getting an answer.

If the leave was for a pregnancy, use the case review for a firing while pregnant.

How does a case review work?

1. Step 1 Tell us what happened. Call 310-424-9971 or send the form. You do not need documents.
2. Step 2 We look at the timing, what was said, and which California law applies, and we tell you whether we can help.
3. Step 3 If we take the case, we handle the Civil Rights Department filing and the work after it. If we don't win, you owe Starpoint Law nothing — no attorney fee and no case costs.

How long do you have to file, and what should you save?

A complaint under the Fair Employment and Housing Act starts with an intake form at the California Civil Rights Department, formerly the Department of Fair Employment and Housing. For employment discrimination, retaliation, and these leave claims, that intake is generally due within three years of the unlawful practice. Government Code 12960(e)(5). The version of that statute effective January 1, 2026 kept the three-year period. After a right-to-sue notice, a lawsuit is generally due within one year. Government Code 12965. Some public employers have a separate, shorter government-claim deadline.

The three-year date is a statute. This page has no countdown and no limited number of reviews. What does run out is evidence. Work accounts are closed, coworkers leave, and texts get deleted. Save the termination message, the leave paperwork, reviews from before the announcement or the leave, and the names of people who saw what happened. Write down comments with the date and the speaker while you remember them. Do not secretly record a conversation. California generally requires every party to consent before a confidential conversation is recorded.

Use the deadline checker for the ordinary dates, and call before the last day rather than on it.

Who will review your case?

Starpoint Law represents employees who work in California. The offices are in Century City and Sherman Oaks. Phone and video reviews are available statewide. There are no offices outside California.

Aidin GhavimiManaging Attorney. Previously represented large corporations and insurance companies in employment matters.Ryan RiddlesSenior Litigation Attorney. Focuses on pregnancy and disability discrimination. Previously defended employers.Danielle RiddlesAttorney. Has represented employees for over a decade in discrimination and wrongful termination cases.

What do clients say about the firm?

More client comments are on the testimonials page. Attorney Advertising. Prior results do not guarantee a similar outcome. Testimonials and endorsements are not a guarantee, warranty, or prediction regarding the outcome of your legal matter. The information on this website is not legal advice.