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Over $150 Million Recovered for Discrimination Victims

FMLA and CFRA Retaliation in California: Your Right to Medical Leave

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Over $100 Million Recovered for Victims of Workplace Discrimination

Recognized by Super Lawyer for Excellence in Employment Law

Protected Medical Leave Under Federal and State Law

Both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide eligible employees with job-protected, unpaid leave for qualifying medical and family reasons.

A process violation occurs when an employer:

These laws allow up to 12 weeks of leave per year for:

A serious health condition
Caring for a family member with a serious condition
Bonding with a new child (birth, adoption, or foster care)
Military family needs

To qualify, the employee must:

Have worked at least 12 months for the employer
Have logged at least 1,250 hours in the past year
Work at a location with 50 or more employees within a 75-mile radius

Employers are prohibited from retaliating against employees for requesting or taking protected leave. At Falakassa Law, we fight for workers whose rights were violated after exercising this legal protection.

What Retaliation Looks Like

FMLA or CFRA retaliation can take many forms. Often, it’s not the leave itself that triggers a lawsuit—it’s how the employer reacts afterward. Retaliation may be subtle or overt, and it’s illegal under both federal and California law.

Examples of retaliation include:

Termination shortly after returning from leave
Demotion or reduced hours
Being passed over for a promotion
Unwarranted write-ups or poor performance reviews
Harassment or hostility from supervisors or coworkers
Denial of benefits or reassignment to a less favorable position

Retaliation does not have to be immediate—even delayed adverse actions can support a legal claim. If you notice changes in how you’re treated at work after medical leave, you may be facing retaliation.

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Our attorneys evaluate your case at no cost to you

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Taking Legal Action After Retaliation

Employees who suffer retaliation for using FMLA or CFRA leave can pursue legal remedies to recover compensation and restore their career. Falakassa Law helps workers file claims with the California Civil Rights Department (CRD) or U.S. Department of Labor, and—when necessary—take their case to court.

You may be entitled to:

Lost wages and benefits
Job reinstatement
Emotional distress damages
Punitive damages for egregious misconduct
Attorneys’ fees and legal costs

We understand how stressful it is to be punished for prioritizing your health or your family. Our team is here to help you take back control.

Were You Treated Unfairly at Work?

You may have a legal claim if you experienced:

Fired Due to Disability
Fired After Pregnancy or Maternity Leave
Harassed or Fired for Reporting Misconduct
Discriminated Against for Your Race, Religion, Gender, or Age
Targeted for Your Military or Marital Status

What You Could Recover:

Meet Our Attorneys

Joshua S. Falakassa

Managing Partner

He focuses on employee rights, handling discrimination suits and wage/hour class actions. With a J.D. from UC Berkeley School of Law, he has litigated at firms like Anderson Kill P.C. and Kulik, Gottesman & Siegel, LLP.

Mehrdad Bokhour

Associate of Counsel

He represents employees in wage and hour class actions, discrimination, and wrongful termination cases. He has recovered over $20 million for clients and has been recognized as a Super Lawyers Rising Star multiple times.

Zachary Cavanagh

Associate of Counsel

He specializes in employment law matters, including harassment and discrimination cases. With a J.D. from Chapman University, he has been fighting for employee justice since 2020.

5-Star Reviews

Martin S.

"Mr. Falakassa is a well polished employment lawyer. He answered all my inquiries and is always available to answer the phone. He is a great writer and one of the best at what he does. I would go to him for any employment law issues"

Daniel Y.

“Mr. Falakassa is an outstanding gentlemen and lawyer. He’ll take the time to sit down with you and really get to know you and your legal concerns to provide the best possible outcome. I would definitely recommend this firm for any employment related needs.”

Jonathan H.

“Attorney Falakassa is an outstanding employment lawyer. He took his time and gave me a free consultation and answered all my questions and followed up. He is very sharp and professional. I highly recommend him for any employment law dispute.”

Sanaz D.

"I’m so happy I worked with Falakassa and not another lawyer. He fought for my case when it wasn’t looking good. Any other lawyer would have given up on my case but he fought for me until the end. I would recommend him and call him again if I’m ever I’m ever in need of a lawyer."

Daniel M.

"Josh is my go-to lawyer after my last few interactions with him. He’s extremely sharp, very knowledgeable about his craft and industry, and has tons of experience that showed to an effective lawyer and got me great results."

Joey N.

"Mr. Falakassa is an ultra professional employment lawyer. He cares for his clients and represents employees only against big companies. He will get you results and I refer/recommend him for any employment law Cases"

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Disclaimer

Falakassa Law, P.C. does not handle cases against government entities.