Going back to work after having children is sometimes a difficult decision for a mother, especially when those children have medical issues. There are federal laws and California has its own acts in place to assist parents who need extended time off to take care of sick children. When a mother is fired from an employment position after employers violate these laws, a claim for wrongful termination on the part of the employee may be successful.
A former nurse feels she was treated unfairly after she claims her employers harassed her about time taken off from work to care for her children. The mother of five has one child with asthma and another who was diagnosed with diabetes. Both of these children were covered under the Family and Medical Leave Act, a federal law allowing prolonged time off from work for specified reasons without risk of termination. However, the mother’s employers allegedly denied her time off and required her to produce doctor’s notes when she did take time off.
After an illness of her own which required emergency surgery, the mother’s employers denied her time off for recovery, violating the California Family Rights Act. The mother then filed a complaint with her union, after which she was fired as her employers cited a time card violation. The mother is now suing the company for violations of several labor codes as well as discrimination and harassment.
Being able to care for her children and provide for them financial is typically a mother’s main goal. When employers make that priority difficult to achieve, a mother can feel trapped between deciding between the health of her children and the job she needs to provide for her children. If a mother is fired from her position and there is evidence that an employer violated labor and health standards, the chances for success of a wrongful termination case are high.
Source: Courthouse News Service, “Mom Says Kaiser Fired Her for Caring for Kids,” Philip A. Janquart, June 5, 2013