In California, employees have a legal right to speak up when something at work doesn't feel right—especially when it involves their health, protected leave, or mistreatment by management. Unfortunately, many workers who exercise that right are met with the one thing they fear most: getting fired.

A recent online post raised concerns that are all too familiar to those of us who represent employees in wrongful termination and retaliation cases. A California worker wrote that they had recently been terminated—just one week after sending an email to Human Resources (HR) expressing concerns that management was trying to get rid of them following a period of protected medical leave under the Family and Medical Leave Act (FMLA). The termination letter cited vague “violations of company policy,” yet the employee had never been given any prior notice of a violation, nor any warnings.

So, what's going on here? And more importantly—does this amount to retaliation or wrongful termination under California law?

Let's break it down.

1. Protected Leave: What Is the FMLA and CFRA?

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, to care for a family member, or for other qualifying reasons. California also has its own version called the California Family Rights Act (CFRA), which provides similar rights and, in some cases, broader protections.

Under both FMLA and CFRA, it is unlawful for an employer to retaliate against you for taking protected leave. This includes firing you, demoting you, cutting your hours, or otherwise punishing you for exercising your rights.

If you were terminated shortly after returning from leave—and especially if you raised concerns about your treatment—it's worth asking whether your employer crossed a legal line.

2. Retaliation for Reporting Concerns

Retaliation occurs when an employer takes negative action against you for engaging in what's called “protected activity.” In California, this includes:

• Requesting or taking FMLA/CFRA leave

• Reporting discrimination, harassment, or unsafe working conditions

• Making a good-faith complaint to HR about perceived mistreatment

• Refusing to sign a document that misrepresents your termination

In the Reddit example, the employee emailed HR to say they felt targeted after using protected medical leave. That email itself could be considered protected activity. Firing the employee just one week later raises serious red flags about unlawful retaliation.

3. The Timing Matters

California courts look closely at timing when evaluating retaliation claims. If an employee engages in protected activity and is fired shortly after, the close temporal proximity can suggest a retaliatory motive—especially if the employer's stated reason for the termination doesn't hold up under scrutiny.

Here, the employee was fired only one week after reaching out to HR about concerns that management was trying to push them out after their FMLA leave. That's a very short window. If no other legitimate, well-documented reasons for termination existed before the complaint, this could strongly support a retaliation claim.

4. “Violations of Company Policy” Without Details or Warnings? That's a Problem

The termination letter stated that the employee was fired for “violations of company policy,” yet the employee never received any prior warnings, write-ups, or even verbal feedback about supposed violations.

While California is an “at-will” employment state—meaning an employer can generally fire you for any reason or no reason at all—it cannot fire you for an illegal reason, like retaliation or discrimination.

Firing someone for vague, unsupported reasons—especially after they've engaged in protected activity—can be evidence that the reason given was a pretext for an unlawful motive.

In legal terms, a “pretext” is a false or misleading reason offered by an employer to cover up the real, unlawful reason for termination. The absence of documentation, prior discipline, or clarity about the alleged “policy violation” makes the employer's justification appear suspicious.

5. Should You Sign a Termination Document You Don't Agree With?

No. And this employee made the right choice by refusing to sign a document that did not accurately reflect what happened.

You are never required to sign a termination form, especially if it contains statements that you don't agree with or believe are false. Signing such a document can later be used against you if you pursue legal action. Instead, you can respond in writing—politely but firmly—stating that you disagree with the contents of the form and are declining to sign it.

This can be helpful documentation down the line if you decide to file a claim.

6. What Are Your Legal Options If You Suspect Retaliation or Wrongful Termination?

If you believe you were wrongfully terminated or retaliated against, here are a few steps to consider:

1. Document everything. Save copies of emails, write down timelines, and keep any evidence related to your leave, your complaint, and the termination.

2. Don't sign anything without review. You're under no obligation to sign termination letters, severance agreements, or “final warnings” without taking time to consult an attorney.

3. Speak to an employment attorney. An experienced employment lawyer can evaluate whether your termination violated California law, help you file a complaint with the appropriate agency, and pursue compensation if your rights were violated.

In many cases, wrongful termination and retaliation claims can result in financial compensation, reinstatement, and other remedies under California labor law.

Final Thoughts

The situation described in the Reddit post—being fired shortly after raising concerns about FMLA retaliation, with no prior warnings and a vague reason—is deeply troubling. And sadly, it's not uncommon.

Employees who use protected leave are sometimes viewed as “disposable” by employers who are more concerned with productivity than legality. But California law doesn't allow companies to fire someone for asserting their rights.

If you've recently been fired and believe it's related to protected leave or raising concerns to HR, you don't have to face it alone. There are legal protections in place—and you may be entitled to justice.

If you're in California and have questions about retaliation or wrongful termination, contact me, Kelsey Szamet, for a confidential consultation. I've dedicated my career to standing up for employees who've been mistreated at work. Let's talk about your options.