Tag: fired during medical leave

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Wrongfully Terminated After Medical Leave? Know Your Rights

Medical care, hospital - Family Leave Lawyers Helmer Friedman LLP.

Fired While Sick: The Truth About Wrongful Termination

Imagine dedicating nearly two decades of your life to a company, only to find yourself facing the distressing possibility of losing your job right after requesting time off for a vital surgery. For many, the fear of job loss during such a challenging time can be truly overwhelming and heart-wrenching. While it’s true that most employment in the United States operates under “at-will” policies—allowing employers to terminate employment for almost any reason—it’s essential to recognize that there are crucial legal protections in place to shield workers from discrimination and retaliation.

Being let go simply for asking for or taking medical leave is not only profoundly unfair, but in many places, it is also illegal. Federal laws like the Family and Medical Leave Act (FMLA), along with various state regulations, exist to protect employees who are prioritizing their health during particularly difficult times. It’s so important to understand the differences between “at-will” employment and unlawful retaliation. Taking this first step can empower you to stand up against any unjust dismissal you might be facing. Your health and rights are incredibly significant, and knowing when to seek support is vital in navigating these tough situations. You are not alone in this, and there are resources available to help you.

Understanding Wrongful Termination and Medical Leave

Wrongful termination, also known as wrongful discharge, occurs when an employer fires an employee for reasons that violate public policy, employment contracts, or statutory laws. While employers have broad discretion in hiring and firing, they cross a legal line when the termination is motivated by an employee’s protected activity—such as requesting medical leave.

Several key federal and state laws establish these protections:

  • The Family and Medical Leave Act (FMLA): This federal law provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for serious health conditions. Firing an employee for exercising their right to FMLA leave is a clear violation.
  • The Americans with Disabilities Act (ADA): The ADA mandates that employers provide “reasonable accommodations” for qualified employees with disabilities, which can include modified work schedules or medical leave. Terminating an employee for requesting such an accommodation is illegal.
  • State-Specific Protections: States like California offer robust additional safeguards. The California Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA) prohibit discrimination based on disability and medical condition, often covering smaller employers than federal laws do.

When an employer fires a worker shortly after a leave request, citing vague “performance issues” or minor policy infractions, it often points to pretextual reasoning—a false reason given to cover up the true, illegal motive.

Case Study: A Battle for Rights in New York

Legal battles regarding medical leave often reveal patterns of employer retaliation. A recent lawsuit filed in the Southern District of New York highlights the severity of these allegations. Nidya Cabrera, an accountant with nearly 20 years of tenure, sued her employer, Swissbit NA, Inc., alleging she was fired after requesting leave for epilepsy surgery.

According to the complaint filed in November 2025, Cabrera suffered from epilepsy and other health conditions that substantially limited her major life activities. After requesting a week of leave for surgery to implant a Vagus Nerve Stimulator, her request was allegedly denied by the CFO, who cited workload concerns. When she was eventually able to undergo the surgery months later, she claims she was forced to return to work almost immediately, forgoing recommended recovery time.

The situation escalated when Cabrera was terminated in April 2024. The company cited an unauthorized phone purchase as the reason for dismissal—a claim Cabrera disputes, arguing it was a pretext for discrimination and retaliation against her disability and leave requests. This case underscores the reality that wrongful termination is rarely explicit; it is often disguised as a disciplinary action for unrelated matters.

Actions to Take If You Suspect Wrongful Termination

If you believe you are being targeted for termination due to a medical leave request, or if you have already been fired, immediate and strategic action is essential to protect your legal claims.

1. Document Everything

Create a detailed paper trail. Save emails, text messages, and internal memos related to your leave request and any subsequent disciplinary actions. Write down a timeline of events, noting dates, times, and the names of supervisors involved in conversations about your health or performance.

2. Protect Your Privilege: Do Not Use AI

In the digital age, it is tempting to ask Artificial Intelligence platforms for legal advice. Do not do this. Conversations with AI chatbots are not privileged and can be discovered by the opposing party in a lawsuit. If you provide an AI with inconsistent details or exaggerations, the defense can use those logs to damage your credibility at trial. Keep your sensitive information between you and your attorney.

3. Do Not Sign Severance Immediately

Employers often present terminated employees with severance packages that include a release of claims. Signing this document effectively waives your right to sue for wrongful termination. Take the document home and review it with a legal professional before putting pen to paper.

4. Consult a Wrongful Termination Lawyer

Employment law is complex, with strict statutes of limitations for filing claims. Consulting with an experienced attorney, such as the team at Helmer Friedman LLP, can help you determine if your rights were violated and what compensation you may be entitled to.

Fighting for Your Livelihood

No employee should have to choose between their health and their job. Laws like the ADA and FMLA exist to prevent exactly that scenario, but they only work when enforced. If you have been fired after requesting medical leave, recognized legal counsel can assist you in navigating the complexities of employment law and holding employers accountable for illegal retaliation.

If you suspect your rights have been violated, contact the wrongful termination lawyers at Helmer Friedman LLP for a confidential consultation.

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$919,000 Disability Discrimination Settlement

Truckers injured protected by disability discrimination lawyers.

How Western Distributing Failed Clinton Kallenbach and the Hard-Learned Cost of Neglecting FMLA Protections

When you picture a company calling itself “family,” you probably imagine warmth, care, and support—especially during tough times. That’s how Western Distributing Company liked to present themselves. Founded in 1933, this family-owned business proudly stated that their drivers were part of their family. But for Clinton Kallenbach, a longtime driver, those words rang hollow.

Clinton’s story exposes how promises of care and loyalty break down when businesses prioritize profit over people. It cost Western Distributing $919,000 to learn that dismissing the rights of injured workers can backfire. For Clinton—and many others like him—it was a grueling lesson in how companies should treat their employees but so often don’t.

Clinton Kallenbach’s Uphill Battle with Western Distributing

Clinton’s ordeal began when a medical issue forced him to take a leave of absence under the Family and Medical Leave Act, or FMLA. For those unfamiliar, the FMLA is a crucial legal safeguard designed to protect U.S. workers when serious health issues pull them away from their jobs. It allows eligible employees up to 12 weeks of unpaid, job-protected leave, ensuring their role—or an equivalent one—will still be waiting when they return. It’s not just a benefit; it’s a federal right.

Clinton did everything by the book. His doctor cleared him to return to work after his necessary recovery. Under FMLA protections, he should have resumed his duties confidently, knowing the law had his back. But that’s where things took a twisted turn. Western Distributing wasn’t satisfied with his doctor’s release. They insisted on a second opinion and requested an additional week of evaluation, creating further roadblocks. Their so-called “family” seemed less concerned about his health or rights and more focused on finding reasons to distance themselves from him.

The company’s intentions became clear as the days dragged on. Instead of welcoming him back as they should have, Western Distributing’s maneuvers appeared strategically aimed at ending his employment. He wasn’t treated like family—he wasn’t even treated like a valued employee.

The High Cost of Disability Discrimination

Clinton’s dismissal led him to take a stand. He sought justice not just for himself, but for others who might find themselves in similar situations. The courts ruled in his favor, recognizing Western Distributing’s actions as a blatant violation of Americans with Disabilities Act (ADA) protections and their failure to honor FMLA obligations. The $919,000 settlement wasn’t just a win for Clinton; it served as a warning to other companies flirting with similar exploitation—that shielding profits by trampling workers won’t go unnoticed or unpunished.

But the settlement money can’t erase the betrayal Clinton experienced. It can’t undo the stress, the legal battle, or the feeling of being devalued during one of the most vulnerable moments of his life. For Clinton, and for countless others whose names don’t make the news, victories like this highlight a reality that many workers endure in silence.

A Closer Look at FMLA Protections

If you’ve never had to rely on FMLA protections, congratulations—you’ve been fortunate. But for those who have, FMLA is often a lifeline. It’s designed to provide eligible employees with:

  • Twelve weeks of job-protected leave for qualifying family and medical reasons, such as recovering from a serious health condition, caring for a sick family member, or welcoming a new child.
  • Continuation of health insurance benefits during the leave, under the same terms as if the employee were working.
  • Protection against retaliation for taking leave, meaning that employees can’t legally be fired, demoted, or penalized for exercising their FMLA rights.

For workers like Clinton, the FMLA should have served as a shield. Yet, as his case shows, policies don’t mean much when companies are determined to ignore or sidestep them. That’s why it’s crucial for anyone facing this kind of mistreatment to know their rights and fight for them—even when it’s exhausting or intimidating.

Protecting Your Rights Starts with Expert Support

If Clinton’s story sounds familiar—if you or someone you love has been mistreated at work because of a disability, injury, or medical leave—it’s vital to know that you’re not alone. There is help. Your best defense against a system that feels stacked against you is the guidance of skilled employment law attorneys who know exactly how to hold companies accountable.

While Helmer Friedman LLP did not represent Clinton in his case, they are at the forefront of employee advocacy, a Los Angeles-based law firm specializing in cases like Clinton’s. Founded by Andrew H. Friedman and Gregory D. Helmer, this firm has built its reputation on fighting for workers’ rights in the face of discrimination, harassment, and retaliation. With over 20 years of legal victories under their belt, they’ve successfully represented thousands of clients nationwide, recovering millions of dollars in settlements and court awards. Their team provides the kind of expertise and compassion that makes navigating complex legal battles less daunting.

Helmer Friedman LLP doesn’t just win cases—they change lives. Their groundbreaking recoveries, like a $4.1 million settlement in a fraud class action or a $1.6 million jury verdict in a discrimination case, speak to their ability to tackle even the most formidable opponents. If Clinton Kallenbach’s story resonates with you, take comfort in knowing there are professionals equipped and ready to help.

Don’t Stay Silent—Take Action

It’s easy to feel powerless when giants like Western Distributing come down on workers already dealing with hardship. But Clinton’s story is proof that persistence, matched with the right legal support, can turn the tables. And when it does, those organizations are left to reckon with the damage they’ve inflicted—not just morally, but financially as well.

If you’re facing workplace discrimination or fear for your rights as an employee, don’t wait until it’s too late. Consult with an experienced employment law attorney who will fight for you—someone like the compassionate, battle-hardened team at Helmer Friedman LLP. Whether you’re navigating the complexities of FMLA, fighting retaliation, or seeking justice for discriminatory practices, know this one truth:

You are never alone in this fight.