[COLUMN] $14M jury award for woman fired for taking leave to care for ill husband 

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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