Close X
We are essential, and so are you! Our firm is still OPEN for business and accepting new clients. To protect your safety, we are offering new and current clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options.

Can an employer still terminate an employee out on FMLA?

The Family and Medical Leave Act is a federal law that makes it illegal for an employer to terminate an employee who has taken qualified leave for a medical issue, such as a serious health condition or the birth of a child. In some cases, an employee may also use this leave to take care of an elderly parent, a spouse or child who has become ill.

While the Family and Medical Leave Act is designed to keep employers from penalizing those who take this type of leave, it is important to realize that FMLA does not, however, grant greater rights to an employee for reinstatement of his or her job or guarantee his or her continued employment. Instead, an employer may still choose to let an employee go regardless of whether he or she has FMLA leave status if there is actually a valid and legitimate reason for letting the employee go.

As an example, an employer could legally terminate an employee if while he or she was out on leave, the employer discovered that the employee had been breaking company rules or if there was evidence of poor performance that came to light. The employee could also be terminated if the employer discovered that while the employee was out on leave, fraud was committed, or the employee engaged in act of insubordination. He or she could also be let go due to a company layoff, provided that the employee was not chosen as part of the layoff due to the fact that he or she was out on FMLA leave.

Individuals who believe they are facing FMLA violations may find it beneficial to learn more about their legal rights as they pertain to their own personal situation.

No Comments

Leave a comment
Comment Information

Why Hire Bononi Law Group?

You can choose among many California law firms when seeking an attorney for your employment law matter. Here are four reasons you should consider Bononi Law Group.

  • Experienced Experienced

    More than two decades helping employees and employers with employment law matters

  • Recognized Recognized

    Included in Southern California Super Lawyers, listed in Best Lawyers in America, and quoted in the Los Angeles Times

  • Right-Sized Right-Sized

    Small enough to give personal attention and large enough to have the resources needed for success

  • Tested Tested

    We have obtained hundreds of millions of dollars for clients through settlements and trial verdicts

  1. AVVO Rating - 10.0 Superb
  2. BBB(R) - Accerdited Business A+ Rating
  3. Weekly Reader Recommended - Best of Pasadena - 2016
  4. LACBA - Los Angeles County Bar Association
  5. Lead Counsel - LC - Rated
  6. Martindale-Hubbell - AV Preeminent - Peer Rated for Highest Level of Professional Excellence
  7. The National Advocates | Top 100 Lawyers
  8. Super Lawyers
  9. ABA - American Bar Association
  10. FindLaw - Bononi Law Group, LLP

Fight Back With Bononi Today! Call 866-295-7512

To learn about your legal rights and options in employment matters, talk to us. Complete the form here or give us a call.


Email Us For Quick Answers

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

visit our office/follow us

Bononi Law Group, LLP
301 North Lake Ave, Suite 820
Pasadena, CA 91101

Toll Free: 866-295-7512
Fax: 213-553-9215
Pasadena Law Office Map