Triable issues of fact existed as to whether defendant employer had terminated plaintiff’s employment in retaliation for exercising her rights under California’s Family and Medical Leave Act. The trial court erred in granting the employer summary judgment on plaintiff’s claim for retaliation for exercise of her rights under California’s Family and Medical Leave Act. There was sufficient evidence to raise a triable issue of fact as to whether the plaintiff had made reasonable efforts to contact her employer to request medical leave. Also, the close temporal proximity of her termination to the request for medical leave raised a triable issue of fact as to whether the termination was in retaliation for taking leave.
California Court of Appeal, Fourth District, Division 1 (Aaron, J.); January 13, 2017; 2017 WL 128143