A recent jury verdict in Los Angeles Superior Court provides a strong reminder employment laws in California provide strong protections for workers who must go on a leave of absence to take care of a sick family member. The jury awarded Berta Sosa, a former Banking Center Manager for Comerica Bank, just under $14.17 million, for her wrongful termination.
Ms. Sosa, who had decades of experience in banking at the time of her firing, lost her job after she decided to go on family and medical leave to take care of her critically ill husband. The jury agreed that Comerica fired her because of that decision to take leave.
The California Family Rights Act (“CFRA”) provides protections to employees needing family or medical leave. Under CFRA, if an employer has 5 or more workers, then any employee who has worked for that employer for at least 12 months, and at least 1,250 hours in the past year, has the right to take up to 12 weeks of job-protected leave to care for themselves or family members. The definition of family under CFRA include parents, parents-in-law, grandparents, grandchildren, siblings, spouses, registered domestic partners, and so-called chosen family, or “designated person,” defined as “any individual related by blood or whose association with the employee is the equivalent of a family relationship. Employers are allowed to require that an employee be limited to one such “designated person” in a 12-month period.
CFRA’s purpose is to give employees an opportunity to take leave from work for certain personal or family medical reasons without jeopardizing job security. By ensuring leave rights for employees who are either sick or need to take time off to care for a sick loved one, CFRA furthers its specific goals of promoting stability and economic security in California families.
Under CFRA, it is unlawful for an employer to fire or discipline an employee due to his or her exercise of the right to family care and medical leave. A plaintiff who prevails on a claim that they were fired because they decided to take CFRA leave, whether it was to take care of themselves or a loved one, may be awarded past and future lost wages and benefits, as well as general damages for pain and suffering. CFRA also authorizes recovery of attorneys’ fees and litigation costs, which enables employees to have access to counsel, who may agree to help on a contingency (no recovery, no fee basis). In this way, meritorious claims can be pursued without the employee having to pay the upfront costs of a court action.
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The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com. [For more than 25 years, C. Joe Sayas, Jr., Esq. successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a past Presidential Awardee for Outstanding Filipino Overseas.]
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