California employment law question PDL, FMLA: I worked as an HR Manager in California and had no prior write-ups or formal discipline before taking Pregnancy Disability Leave. After returning from PDL, I was placed on a Corrective Action Plan. During the CAP, the supervisor who issued it repeatedly canceled scheduled progress check-ins and briefings, while also telling me not to worry and that I was doing well. The CAP was expected to conclude in April, but before it was completed, I raised concerns to upper management that I felt I was being treated unfairly following my leave. I also had an active workers’ compensation stress claim and was receiving treatment for anxiety and neck/back pain. I was denied certain time-off requests and was told I needed to show more “commitment” to being in the office because I had recently returned from leave. Approximately two weeks after raising my concerns, I was unexpectedly terminated. Are these facts worth evaluating for pregnancy/disability discrimination, retaliation, workers’ compensation retaliation, failure to accommodate, or wrongful termination?
Arkady’s answer:
It would absolutely be worth evaluating your termination with an experienced employment attorney in greater detail. Be sure to provide the attorneys with the employer's side of the story - including their reasons for termination as stated and all the arguments you believe they are going to make to justify their decision. This will help both you and the attorney to evaluate the strength of your potential case and your best legal and practical options under the circumstances.
Thanks.
Did I file my complaint timely: Please read carefully before answering. I had an attorney on my case for wrongful termination. The woman attorney never filed my case in state court in Sacramento, CA. She did draft a right to sue letter through the CRD regarding employment June 17, 2024. Within her crd complaint she did not allege all legal theories or claims under feha. She actually put most of that in the complaint for damages. The crd never investigated her right to sue letter. She dropped off my case in November 3, 2024. I had to pick up my own case as a pro per litigant for state court in Sacramento. Because her right to sue letter mentioned her attorney name and law office and not enough claims under feha I drafted my own right to sue letter through feha on November 15, 2024. I mentioned full feha claims on my crd right to sue letter and even put my name and pro per status as the person actually handling the case. I filed my right to sue letter with the state court July 12, 2025. Considering the circumstances will the court honor my right to sue letter and consider it timely? The crd did not investigate my right to sue complaints either. I
Arkady’s answer: Generally, you cannot obtain a new, subsequent right to sue letter based on the same adverse action. Assuming that the employer is aware of the first right to sue letter, that earlier letter will govern your rights and limitations on pursuing your case.
Do I have a case for being laid after returning from maternity leave?: 2/2/26 was the first and last day coming back from my maternity leave. I was shocked to hear I had been let go and feel this is because my leave got extended from disability.
Arkady’s answer:
The answer to your question depends on a number of other factors, including the stated reasons for termination by the employer and how legitimate it is, any other evidence that the termination was due to maternity leave or related leave, and other factors. You should discuss your legal and practical options with an employment attorney.
Thanks,