Wrongful Termination After Medical Leave: What Employees Should Know

One of the most common situations I see involves employees who take medical leave — only to find themselves terminated shortly after returning to work.

In many cases, employees assume the termination must be legal because California is an at-will employment state.

That is not always true.

Both California and federal law provide significant protections for employees dealing with medical conditions, disabilities, or protected leave.

Employees may have protections under laws involving:

• disability discrimination

• reasonable accommodations

• CFRA leave

• FMLA leave

• pregnancy-related leave

• retaliation protections

Problems often begin when an employee:

• requests time off for a medical issue

• asks for accommodations

• returns from leave with restrictions

• develops ongoing health complications

Suddenly, the employee who previously had no issues at work begins receiving criticism, disciplinary notices, or negative performance reviews.

Sometimes the termination happens immediately after returning from leave.
Other times, employers attempt to slowly push the employee out over several weeks or months.

California employers generally cannot terminate an employee simply because:

• they needed protected medical leave

• they requested accommodations

• they disclosed a medical condition

• they required disability-related protections

Employers are also required in many situations to engage in what’s known as the “interactive process” — a good-faith discussion about reasonable accommodations that may allow the employee to continue performing their job.

Unfortunately, many employees do not realize their rights may have been violated until after they are terminated.

Common warning signs can include:

• hostility after requesting leave

• pressure not to take time off

• comments about medical issues becoming an “inconvenience”

• sudden performance complaints after leave

• being replaced during protected leave

• termination shortly after returning

Medical leave cases are often heavily dependent on documentation and timelines.

Employees should preserve:

• doctor notes

• HR communications

• leave paperwork

• emails

• accommodation requests

• performance reviews

• termination documents

Many wrongful termination cases involving medical leave are not obvious at first glance. The legal issues often emerge through patterns, timing, and inconsistencies in the employer’s actions.

Employees dealing with these situations should understand that taking protected leave does not eliminate their workplace rights.