### 1. California Family Rights Act (CFRA) & FEHA Protections
Under the **California Family Rights Act (CFRA, Gov. Code § 12945.2)** and the **Fair Employment and Housing Act (FEHA, Gov. Code § 12940)**, employers with 5 or more employees must provide up to 12 weeks of job-protected leave for serious medical conditions.
* **Right to Reinstatement**: Upon expiration of approved medical leave, an employee has an absolute statutory right to be reinstated to the same or a comparable position.
* **Pretextual Restructuring**: When an employer claims 'position elimination' but only the worker returning from protected medical leave is terminated, courts and juries frequently find this to be a **pretext for unlawful disability retaliation**.
### 2. The Interactive Process & Failure to Accommodate
Under Gov. Code § 12940(n), employers have an affirmative duty to engage in a timely, good-faith **interactive process** to determine reasonable accommodations. Terminating an employee rather than participating in the interactive process is an independent violation of California law.
### 3. Recoverable Civil Damages under FEHA
In a FEHA wrongful termination lawsuit, you are entitled to claim:
1. **Past and Future Lost Wages (Economic Damages)** including stock options, bonuses, and health benefits.
2. **Emotional Distress & Pain and Suffering (Non-Economic Damages)**.
3. **Punitive Damages** under Civil Code § 3294 if management acted with oppression, fraud, or malice.
4. **Mandatory Attorney Fees & Litigation Costs**.