Wrongful termination?- California

[KLL]

What is the name of your state (only U.S. law)? California

Hello! I know a lot of people post these questions, but I still want to give it a shot. I was on maternity leave (protected under FMLA and CFRA) and came back to my job in April. Two months later I was laid off because my employer is "restructuring the company". Before I came back I asked my employer if I could come back part-time. They were happy to work with me! Unfortunately, the company hired a new controller a few weeks after I got back, and he did not like the idea of part-time employees. He hired a full-time person and let go of myself and another part-time person. They did NOT ask if I wanted to come back full-time or give me any other option before terminating me. Is this legal.. did they do anything wrong?

 

[Shadowbunny]

What is the name of your state (only U.S. law)? California

Hello! I know a lot of people post these questions, but I still want to give it a shot. I was on maternity leave (protected under FMLA and CFRA) and came back to my job in April. Two months later I was laid off because my employer is "restructuring the company". Before I came back I asked my employer if I could come back part-time. They were happy to work with me! Unfortunately, the company hired a new controller a few weeks after I got back, and he did not like the idea of part-time employees. He hired a full-time person and let go of myself and another part-time person. They did NOT ask if I wanted to come back full-time or give me any other option before terminating me. Is this legal.. did they do anything wrong?

Wrongful termination is not what you think it is. It doesn't mean someone has been fired unfairly; it's when someone has been terminated BECAUSE they are a member of a protected class.

 

[cbg]

Based solely on the facts in your post, yes this was legal and no, this was not a wrongful termination. The protection you have under FMLA and the state version guarantees you the same job, shift, benefits, etc. You, yourself, decided you wanted a change to part time. A job change that you personally requested is not protected. Additionally, you were not chosen for termination in retaliation for taking leave; it was based on your job status which YOU YOURSELF requested. If you had stayed full time, you would not have been termed by your own description.