Tag: fired under false pretenses

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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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Uncovering the Reality of Wrongful Termination | Legal Insights

Fired after complaining about safety violations is wrongful termination.

The Silenced Workforce: Uncovering the Reality of Wrongful Termination

The meeting invitation arrives with no subject line, just a fifteen-minute block on your calendar. By the time you sit down, the decision has already been made. Your access to email is cut, your laptop is locked, and security is waiting. For thousands of workers, this isn’t a scene from a movie—it is the abrupt, jarring end to their livelihood.

While many terminations are legal business decisions, a significant number cross the line into illegality. Wrongful termination is not just a buzzword; it is a violation of civil rights that leaves devastating emotional and financial wreckage in its wake.

The Human Cost of “At-Will” Employment

In the United States, the concept of “at-will” employment is often misunderstood by employers as a blank check to fire anyone, for any reason. However, this legal doctrine has crucial exceptions. You cannot be fired for your race, your gender, your age, or for blowing the whistle on illegal activity.

Yet, it happens every day.

Consider “Michael,” a senior software developer at a major tech firm in Silicon Valley. (Names have been changed to protect privacy). After five years of stellar performance reviews, Michael raised concerns about his team’s exclusion of older engineers during a restructuring phase. Two weeks later, he was placed on a “Performance Improvement Plan” (PIP) for vague communication issues. A month later, he was gone.

“It wasn’t just the loss of income,” Michael says, reflecting on the six months he spent unemployed. “It was the gaslighting. They made me feel like I had lost my skills overnight. I questioned my sanity before I questioned their motives.”

This psychological toll is a common thread among victims. The sudden loss of identity, coupled with the immediate panic of losing health insurance and income, creates a crisis that extends far beyond the workplace.

Industry Spotlight: The Volatility of Big Tech

The technology sector, often lauded for its innovation, has become a hotbed for complex wrongful termination cases. High salaries and stock options often obscure a culture where ageism and retaliation can fester.

In the rush to streamline operations, developers and engineers are frequently swept up in mass layoffs. However, legal experts warn that these reductions in force (RIFs) can sometimes serve as cover for discriminatory practices. If a layoff list is disproportionately composed of workers over 40, or those who have recently taken medical leave, the termination may be actionable.

“Tech moves fast, and sometimes HR departments cut corners,” explains a seasoned employment attorney. “We see developers fired shortly before their stock vests, or senior staff pushed out for ‘culture fit’ when the reality is they were simply older than their managers. That is not just unfair; often, it is illegal.”

Diverse Situations, Same Injustice

Wrongful termination is not limited to corporate boardrooms or coding bullpens. It strikes across all industries:

  • The Pregnant Sales Executive: Fired days after announcing her pregnancy, under the guise of “restructuring” her territory.
  • The Injured Construction Worker: Terminated for “safety violations” immediately after filing a workers’ compensation claim for an on-the-job injury.
  • The Whistleblower: An accountant who pointed out irregularities in a quarterly report and was summarily dismissed for “insubordination.”

In each scenario, the employer attempts to create a paper trail to justify the firing. This is where the legal battleground lies—proving the stated reason is merely a pretext for the illegal one.

Understanding the Legal Framework

To fight back, you must understand the protections afforded to you. Federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) form the bedrock of worker protection.

Furthermore, state laws often provide even stronger shields. For instance, California’s Fair Employment and Housing Act (FEHA) offers robust protections against discrimination and retaliation that exceed federal standards.

Recourse for Victims

If you have been wrongfully terminated, the law provides several avenues for recourse. The goal of civil litigation in these matters is generally to make the victim “whole.” This can include:

  • Lost Wages: Back pay from the date of termination and potentially front pay for future lost earnings.
  • Emotional Distress: Compensation for the anxiety, depression, and reputational harm caused by the firing.
  • Punitive Damages: In cases of egregious conduct, courts may award damages specifically designed to punish the employer and deter future bad behavior.
  • Reinstatement: While rare, courts can order an employer to give you your job back.

Advice from the Front Lines

If you suspect your termination was illegal, the actions you take in the immediate aftermath are critical. Legal experts advise a strategy of documentation and caution.

1. Don’t Sign Immediately
Employers often present a severance agreement during the termination meeting, offering a payout in exchange for waiving your right to sue. “The pressure to sign is immense,” notes a legal advocate. “But once you sign that release, your case is likely over. Take the document home. You have the right to have an attorney review it.”

2. Document Everything
Write down a timeline of events leading up to the firing. Who said what? Were there witnesses? Did you send emails complaining about treatment? If you still have legal access to non-proprietary personal records, secure them.

3. Seek Counsel Early
Employment law is governed by strict statutes of limitations. Waiting too long to file a claim with the Equal Employment Opportunity Commission (EEOC) or a state agency can bar you from seeking justice.

Reclaiming Your Narrative

Losing a job is traumatic, but accepting an illegal termination is not mandatory.

“I was terrified to speak up,” admits a former wrongful termination victim who successfully settled a retaliation suit. “I thought I would be blacklisted. But standing up for myself gave me my dignity back. It reminded them that I have rights they can’t just write off.”

Wrongful termination cases are complex battles of fact and law. They require digging beneath the surface of performance reviews and official statements to find the truth. Whether you are a developer in a high-rise or a shift manager in a warehouse, your rights remain the same. If you believe your firing was unlawful, you do not have to navigate the aftermath alone. Justice is available for those willing to fight for it.

If you or someone you know has experienced wrongful termination, contact the highly experienced wrongful termination lawyers at Helmer Friedman LLP now. Our attorneys are committed to advocating for your rights and guiding you toward justice.