California FMLA protections (short for Family Medical Leave Act, which is in fact a federal program) are in place as soon as you request that leave. Los Angeles FMLA lawyers point this out because some companies have been ensnared in litigation in employment lawsuits filed by employees who say their bosses tried to dissuade them from taking this leave. This is an extremely unwise move from the company’s perspective because once those FMLA protections kick in, it’s possible the company will be vulnerable to liability if they try to talk an employee out of taking leave to which they are entitled.
This is allegedly what happened at a well-known grocery store where an employee was reportedly told to “suck it up” after she requested FMLA leave. In Bartman v. Wegmens Food Markets Inc., plaintiff says she sought leave for anxiety and chronic depression. Yet when she did so, her manager allegedly told her to “suck it up” and berated her for “being a burden” to the rest of the staff in the kitchen.
Our Los Angeles FMLA attorneys understand beyond that, plaintiff was reportedly singled out and harassed by her boss at work, leading to her condition worsening, a greater need for leave and then further harassment. Ultimately, she says she was wrongfully terminated for chronic lateness, tardiness and failure to follow the call-in procedures for calling in sick. Had she not first requested FMLA before all this, termination may well have been justified. But the fact that she requested this leave for her own health and was told by her boss she should not take it means she has a stronger case for employer FMLA violations. Continue reading