The Gould Law Firm FMLA

FMLA Attorney in Orange County

Employee-Side Employment Law Since 1995. Over 30 Years Fighting for Orange County Workers.

When an employer denies protected medical leave, retaliates against an employee for requesting it, or terminates someone while they’re on leave, that employee has legal options. At The Gould Law Firm, we represent Orange County employees in exactly these situations. Our practice has been entirely employee-side employment law since 1995, and FMLA and CFRA disputes fall squarely within what we handle every day.

Federal law under the Family and Medical Leave Act and California’s parallel California Family Rights Act (CFRA) both protect eligible workers from employer interference with job-protected leave. When an employer crosses those lines, we help employees understand what happened, what it may be worth, and what to do next.

If your employer denied, cut short, or punished you for taking protected leave, call us at (714) 592-4936. Your first consultation is free, you’ll speak directly with an attorney, and we work on a contingency basis so there’s no cost unless we recover for you.

What FMLA & CFRA Protect in California

The FMLA, enacted in 1993, gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying medical or family reasons. California’s CFRA provides the same 12-week entitlement and in several respects covers employees and situations the federal law doesn’t, including reaching employers with as few as five employees. Orange County employees are protected by both laws, and both matter.

Qualifying reasons under either law include the employee’s own serious health condition, caring for a seriously ill spouse, child, or parent, the birth or adoption of a child, and qualifying military exigencies. Military caregivers may be entitled to up to 26 weeks of FMLA leave to care for a service member with a serious illness or injury. Throughout any approved leave period, the employer must continue group health insurance coverage under the same terms as if the employee had kept working.

How Orange County Employers Violate Leave Laws

Violations aren’t always a termination letter. Sometimes they’re subtler, and employees don’t always recognize them as illegal. Common violations include:

Outright denial of a qualifying leave request without a legally valid basis
Termination during leave or immediately upon return, citing leave as a contributing reason
Demotion or pay reduction upon the employee’s return to work
Transfer to a less desirable position as a consequence of taking protected leave
Changed job responsibilities that don’t match the employee’s pre-leave role
Coercing a medical waiver as a condition of approving the leave

The law requires employers to return an employee to the same position held before leave, or to one with equivalent pay, benefits, and responsibilities. Anything less may constitute a violation.

Why Orange County Employees Hire The Gould Law Firm

Michael A. Gould has handled employment and labor law cases for over 30 years, including wrongful termination, discrimination, harassment, and breach of contract claims. He has tried more than 30 cases to verdict. Our firm is admitted to practice in all Federal District Courts in California, which matters directly when an FMLA claim proceeds in federal court.

Our team holds memberships in the California Employment Lawyers Association (CELA) and the American Board of Trial Advocates (ABOTA), and we were recognized by Super Lawyers from 2013 through 2018. We handle cases of all sizes, from individual claims to large multi-party matters against major employers. Past employment law recoveries include $1,100,000 for an employee terminated after complaining about workplace discrimination and $2,000,000 in a discrimination case against a security guard company. Those results reflect our willingness to take cases to trial when employers won’t resolve them fairly.

Start with a Free Consultation Before Time Runs Out

Employment claims in California carry statutes of limitations, and delay can cost you the right to file. Before certain claims reach court, employees must first obtain authorization through the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department, a process that takes time and makes early action important. FMLA claims carry a two-year deadline for standard violations and three years for willful ones under federal law.

Contact The Gould Law Firm at (714) 592-4936 or reach us online to schedule your free consultation. Don’t wait to get answers about your rights.

FMLA & CFRA Eligibility: Who Qualifies

Not every employee is automatically covered. To qualify for FMLA leave, you must have worked for the employer for at least 12 months, logged at least 1,250 hours in the 12 months before leave begins, and work at a location where the employer has at least 50 employees within a 75-mile radius. CFRA eligibility requires the same 12-month tenure and 1,250-hour threshold, but no longer requires the 75-mile worksite test. Under California law, CFRA applies to any employer with five or more employees.

If you don’t clear these thresholds, you may still have options. California’s Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) can require an employer to provide leave as a reasonable accommodation for a qualifying disability, even when FMLA and CFRA don’t apply.

Pregnancy Disability Leave & Extended Accommodations in California

California’s Pregnancy Disability Leave Act (PDLA) fills a significant gap for employees who can’t yet meet FMLA or CFRA thresholds. The PDLA applies to all employers with five or more employees and provides up to four months of leave for disability or medical conditions related to pregnancy or childbirth, including morning sickness, gestational diabetes, preeclampsia, need for bed rest, pregnancy-related hypertension, and postpartum depression.

Even after exhausting 12 weeks of FMLA or CFRA leave, an employee with an ongoing disability may be entitled to additional time off as a reasonable accommodation under FEHA or the ADA. Employers are required to engage in an interactive process with the employee to assess what accommodation, including extended leave, may be appropriate. Refusing to participate in that process is itself a potential violation.

What You Can Recover in a Successful FMLA or CFRA Claim

The remedies available in a successful FMLA or CFRA claim are concrete and economic. A favorable outcome can include:

Back pay for wages lost as a result of the employer’s violation
Lost benefits and other economic damages tied to the unlawful act
Reinstatement to the same or an equivalent position if you were wrongfully terminated
Future lost earnings when reinstatement isn’t practical or appropriate

Under the federal FMLA, emotional distress isn’t a compensable category of damages. The law focuses on tangible economic losses. Claims brought under California’s CFRA or FEHA may offer broader remedies depending on the facts. Employees can also file a complaint with the U.S. Department of Labor at no filing cost, though a civil claim in federal or state court may allow for fuller recovery.

How an FMLA Case Moves from Consultation to Resolution

The process begins with a direct conversation with Michael A. Gould, who can assess your situation and identify which laws apply. From there, we gather the documentation that supports your claim: communications with your employer, medical records, employment records, and any evidence of changed treatment tied to your leave.

Many FMLA and CFRA claims resolve through negotiation before reaching trial. When an employer won’t agree to a fair resolution, we’re prepared to litigate in California state court or any of the Federal District Courts in California. We prepare every case as if it will go to verdict, which strengthens your position at every stage. You’ll have direct attorney access and regular updates from start to finish.

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What Sets Us Apart

Why Choose The Gould Law Firm?

Regular Case Updates
Once we determine the strength of your claim, we will prepare and file your lawsuit. Our team will keep you updated on the progress every step of the way.
Direct Access to an Attorney

Many firms direct you to a law clerk or paralegal for your first consultation. At Gould & Associates, you will always meet and discuss your issues with an attorney.
Cases on Merit, Not Size

Gould & Associates accepts cases of all sizes—from small individual cases to large, complex multi-party class actions. More importantly, we are not afraid to go against large firms.
No Upfront Payments Required

We accept most cases on a contingency basis. That means there is no cost to you in advance to start your case.