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Perspective

Nov. 14, 2015

You can't fire me, I'm on FMLA!

The answer to whether an employee can be fired while on FMLA is familiar to employment attorneys: maybe. By Luis Cardenas

Luis Cardenas

JAMS

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Loyola Law School

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By Luis Cardenas

"You can't fire me, I'm on FMLA!"

Is this true? The answer is a familiar one to lawyers who practice employment law: maybe.

Earlier this year, the California Supreme Court, in Richey v. AutoNation, 2015 DJDAR 1229 (Jan. 29, 2015), provided some guidance regarding this unsettled area of the law but declined to address some of the major concerns facing employers with workers on leave in California under the federa...

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