Taking time off for your health or to care for a loved one should never put your job at risk. Yet many California employees experience subtle or outright retaliation after exercising their right to family or medical leave. Retaliation can take many forms—from demotion or exclusion from meetings to job termination. If you believe you’ve been punished for using leave protected by the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), you have powerful legal protections available to you.
At Lawless, Lawless & McGrath, we’ve spent decades helping California employees stand up to retaliation after taking legally protected leave. Below, we explain what retaliation looks like, what your rights are under state and federal law, and what steps you should take to protect yourself.
Understanding FMLA and CFRA Protections
Both FMLA and CFRA give eligible employees up to 12 weeks of job-protected leave each year for qualifying reasons such as:
- Your own serious health condition that prevents you from performing your job duties;
- Caring for a family member with a serious health condition;
- Bonding with a new child after birth, adoption, or foster placement; or
- Dealing with certain issues related to a family member’s military service.
Under both laws, your employer must reinstate you to the same or a substantially equivalent position when you return from leave. It’s also illegal for your employer to retaliate against you for requesting, taking, or discussing protected leave.
What Counts as Retaliation?
Retaliation occurs when an employer takes negative action against an employee because they exercised their rights under FMLA, CFRA, or other workplace laws. Retaliation isn’t always obvious. It can be subtle or disguised as routine management decisions. Examples include:
- Demotion or loss of responsibilities after returning from leave;
- Reduced hours, pay, or shift changes that harm your career;
- Being excluded from projects or meetings you previously attended;
- Receiving sudden negative performance reviews without cause;
- Hostile comments from managers or coworkers about your time off; or
- Being terminated soon after taking leave.
Even minor changes that negatively impact your working conditions can qualify as retaliation if they were motivated by your use of protected leave.
How to Recognize Illegal Retaliation
Not every workplace disagreement or change in assignment equals retaliation. The key question is whether the adverse action was caused by your leave request or absence. For instance, if you were performing well before taking leave and suddenly face unwarranted criticism upon return, that’s a red flag. Similarly, if your position was “eliminated” while you were on leave but later filled by someone else, your employer may have violated the law.
Employers often try to disguise retaliation as restructuring, poor performance, or “business necessity.” This is why documentation and legal guidance are critical to proving your claim.
What to Do if You’re Retaliated Against
If you suspect retaliation after taking family or medical leave, taking prompt, strategic action is vital. Here’s what you should do:
1. Document Everything
Keep detailed records of any changes in your work environment or treatment since taking leave. Include dates, names, conversations, and written communications. Save emails, texts, and performance reviews that show a pattern of unfair treatment. This documentation can become crucial evidence if you need to file a claim.
2. Review Your Timeline
Retaliation often happens soon after returning from leave. Courts and agencies look closely at timing. If adverse actions occur shortly after FMLA or CFRA leave, it may strongly suggest unlawful retaliation. Write down when your leave ended and when changes began to help establish this timeline.
3. Ask for an Explanation in Writing
If your employer demotes, disciplines, or terminates you, request a written explanation. Employers must provide legitimate, non-retaliatory reasons for their actions. Having their reasoning in writing helps your attorney identify inconsistencies or pretext later.
4. File a Complaint
California employees have several options for reporting retaliation. You can file a complaint with the California Civil Rights Department (CRD), which enforces CFRA and related laws. You can also file with the Equal Employment Opportunity Commission (EEOC) if federal FMLA or discrimination laws are involved. These agencies investigate, mediate, and, when necessary, authorize lawsuits against employers who violate employee rights.
5. Consult an Employment Attorney
Because retaliation cases often involve subtle details and overlapping legal standards, consulting an experienced employment attorney early can make all the difference. Your attorney can evaluate the strength of your case, gather evidence, communicate with your employer on your behalf, and pursue legal remedies if needed. At Lawless, Lawless & McGrath, we’ve successfully handled retaliation claims for employees throughout California, recovering compensation and reinstatement for those who experienced retaliation after taking leave.
Legal Remedies for Retaliation
If you prove that your employer retaliated against you, you may be entitled to a range of remedies under FMLA, CFRA, and California law. These can include:
- Reinstatement to your former position;
- Back pay for lost wages and benefits;
- Compensation for emotional distress or other damages;
- Attorney’s fees and legal costs; and
- In some cases, punitive damages to punish willful misconduct.
Employers who retaliate not only harm employees, they risk serious financial and reputational consequences.
How Employers Try to Defend Retaliation Claims
Most employers won’t admit to retaliation outright. Instead, they claim that negative employment actions were based on performance, attendance, restructuring, or some other “legitimate business reason.” These defenses are often designed to obscure the true motive. A skilled employment attorney knows how to challenge these explanations by examining documentation, comparing treatment among employees, and identifying inconsistencies in the employer’s story.
Preventing Retaliation Before It Starts
Employees can take steps to minimize the risk of retaliation before or during their leave:
- Submit all documentation on time and keep copies of what you provide;
- Communicate clearly with HR about your expected leave dates and return plan;
- Follow company procedures for requesting leave under FMLA or CFRA; and
- Stay professional and document all interactions, especially if your employer seems resistant.
Even if you do everything right, some employers still retaliate. That’s when having an experienced legal advocate becomes essential.
Why Choose Lawless, Lawless & McGrath
At Lawless, Lawless & McGrath, we have decades of experience protecting California employees from retaliation after taking protected leave. We understand how stressful it is to return from FMLA or CFRA leave only to face hostility or unfair treatment. Our attorneys handle every step of the process from filing complaints with the CRD or EEOC to negotiating settlements or representing you in court.
We’ve built our reputation on standing up to powerful employers who think they can get away with violating the law. When your health, job, and dignity are on the line, you deserve a team that will fight for you until justice is done.
When Employers Cross the Line: How to Enforce Your Leave Rights
If you believe you’ve been retaliated against for taking family or medical leave, don’t wait. The sooner you take action, the easier it is to preserve evidence and hold your employer accountable. Contact Lawless, Lawless & McGrath today for a confidential consultation. We’ll review your case, explain your legal options, and help you take immediate steps to protect your rights.
For more information about FMLA, CFRA, and retaliation protections, visit the U.S. Department of Labor’s FMLA resource page or the California Civil Rights Department’s CFRA guide.
You have the right to take care of your family and your health without fear. If your employer retaliates, the law—and our firm—are on your side.