In this guide6 sections
In July 2025, a California Court of Appeal affirmed a $4.1 million jury verdict for a former city fire chief who was fired after returning from a long medical leave. The decision is unpublished, so under California Rule of Court 8.1115 it can’t be cited as precedent, but it shows how disability discrimination and retaliation claims are proven. If you were let go after medical leave or after complaining to HR, the timing, the people involved and the reasons given can matter a great deal.
Key takeaways
- The jury awarded $4,145,595 for disability discrimination, retaliation, failure to prevent, whistleblower retaliation and emotional distress; the appeals court affirmed the judgment.
- Under California’s Fair Employment and Housing Act (FEHA), you generally must show discrimination or retaliation was a “substantial motivating factor” in the decision, not the only reason.
- CFRA generally gives eligible employees up to 12 weeks of job-protected leave for their own serious health condition and bars retaliation for taking it (Gov. Code §12945.2).
- You generally have three years to file a complaint with the California Civil Rights Department (CRD).
What the court decided
According to the opinion, the chief took a seven-month medical leave in 2017 that included four surgeries. A city council member then called him an “absentee chief” and pushed the city manager to fire him; that manager refused. After a new council majority took over and the city manager resigned, the chief filed a written grievance. A new city manager fired him within 17 days of starting, after spending only a short time with him and without giving a specific reason.
In 2023, a Los Angeles jury found for the chief on five claims and awarded:
| Damages | Amount |
|---|---|
| Past economic loss | $990,103 |
| Future economic loss | $587,643 |
| Past noneconomic loss | $1,980,206 |
| Future noneconomic loss | $587,643 |
| Total | $4,145,595 |
The jury found for the city on age discrimination and a separate firefighter rights claim. On July 9, 2025, the Court of Appeal affirmed. It held that:
- It was enough that one significant participant in the firing had discriminatory animus and influenced the decision-maker, even if the person who signed off did not.
- Oral statements to HR that supplemented a written grievance could count as protected activity, even though the grievance itself didn’t spell out a legal violation.
- The trial court properly refused to reduce damages by the chief’s pension benefits.
- Conduct that violates FEHA can support a claim for intentional infliction of emotional distress.
Your rights after medical leave in California
Job-protected leave. The California Family Rights Act (CFRA) covers employers with five or more employees. If you have more than 12 months of service and at least 1,250 hours in the past year, you can generally take up to 12 weeks for your own serious health condition and return to the same or a comparable job. Your employer can’t fire, discipline or discriminate against you for taking CFRA leave (§12945.2(k)) or interfere with your use of it (§12945.2(q)). See FMLA and CFRA leave rights.
Disability protections. If your condition limits a major life activity, FEHA bars discrimination because of it and requires reasonable accommodation and a good-faith interactive process. Extending a leave, if it is likely to let you return and isn’t an undue hardship, can be a reasonable accommodation. See disability discrimination.
Retaliation. Complaining about discrimination, harassment or a suspected legal violation is protected, whether in writing or out loud to HR (Gov. Code §12940(h); Labor Code §1102.5). See fired after complaining to HR.
How these cases are proven
Employers rarely admit a bad motive. Under a 2013 California Supreme Court decision, a worker must show that discrimination was a substantial motivating factor. If the employer proves it would have made the same decision anyway for a lawful reason, damages are generally unavailable, though more limited relief, such as a court declaration, may remain. Evidence that often matters:
- A firing soon after leave or a complaint
- Comments about your absence, health or “reliability”
- Strong evaluations before the leave and no documented problems
- A vague, shifting or false reason for the decision
- Influence by someone who had expressed bias
Example (hypothetical): Teresa, an operations manager, returns from 10 weeks of CFRA leave after surgery. Her new director, who had complained about her “time away,” eliminates her role two weeks later and hires a replacement. That timing, plus the comments, may support a CFRA retaliation claim.
Frequently asked questions
Can I be fired while on medical leave?
Not because of the leave. An employer can still end a job for reasons unrelated to the leave, such as a genuine layoff, but it should be able to show the decision had nothing to do with your leave.
How long do I have to act?
A CRD complaint is generally due within three years of the last harm, and you then have one year after a right-to-sue notice to file a lawsuit. See how to file a CRD complaint.
Do these protections apply to government employees?
Yes. FEHA and CFRA apply to public employers, including cities. Public employees may also have civil service or grievance rights.
What can I recover?
Depending on the facts, lost pay and emotional distress damages, among other remedies. See employment law damages.
Talk to a California employment lawyer
Employees First Labor Law represents workers exclusively. If you were fired after medical leave or after speaking up, we offer free virtual consultations. Contact us or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
