Those are the bare bones of the story. But the human situation is more complicated and far more familiar. Ben Max Rubenstein hit a rough spot in life. It can happen to anyone. But it is important to realize that California labor law offers extensive resources to Californians who find themselves in similar straits.
Life goes sideways
Rubenstein was hired by Facebook (now Meta Platforms, Inc.) in 2013 and had positive performance reviews for the following ten years. His supervisor, Ahmad Al-Dahle, had even recommended him for a discretionary equity grant to encourage him to remain a long-term employee. In 2023, his new supervisor, Tina Chen, also gave him a positive performance review.
However, in October 2023, Rubenstein began experiencing symptoms of his previously diagnosed PTSD, which affected his ability to do his job. He asked for a leave of absence. Chen denied the request and urged him to do “the right thing for the team.”
In November 2023, he learned that his father’s cancer had become terminal and repeatedly asked to take CFRA leave to care for his father, who lived in Israel. Chen denied those requests, as well, noting that she had not seen her family for six years and suggesting that he could go without seeing his family for a while. On another occasion, she told him that she only wanted to talk about “work stuff.”
In early 2024, Rubenstein suffered from another disability, which limited his ability to sit, stand and walk. Chen, oddly, suggested that he travel more. Rubenstein had surgery in February and took a month’s leave to recover. In March, after he returned from leave, he received his first negative performance review. Rubenstein believed that this was retaliatory harassment.
He again requested a leave of absence to care for his father, which Chen again denied. Rubenstein finally took a leave of absence to deal with his own disabilities in August 2024. His leave was approved through February 20, 2025.
Chen reportedly contacted a Meta colleague of Rubenstein’s asking if he had any negative feedback on Rubenstein. The colleague alerted Rubenstein, warning him that he had “a target on his back.”
Rubenstein was notified on February 10, 2025, that he was included in a group of employees scheduled for layoff. He objected to the relevant administrative officials at Meta Platforms that his termination would be in violation of FEHA, CFRA and the federal Americans with Disabilities Act (ADA). He was fired on April 18, 2025.
After obtaining leave from the California Civil Rights Department, he filed this lawsuit on September 22. It advances eleven causes of action, under FEHA, CFRA and other sections of the California Labor Code. These include allegations of:
- discrimination,
- retaliation,
- harassment,
- unlawful termination,
- failure to reasonably accommodate a disability; and
- failure to consider a request for family leave.
It is still early in the litigation process for Rubenstein, but developments will certainly follow.
FEHA
California’s FEHA is an expansive law protecting employees, applicants, and contractors from workplace discrimination. It also requires reasonable accommodation for disabilities.
The law prohibits employers from discriminating against individuals based on protected categories, such as race, color, religion, sex, and gender. Rubenstein alleges particularly that Chen’s denial of his request for family leave was, at least in part, based on gendered assumptions about caregiving responsibilities. He also alleges that Meta failed to engage in the FEHA-required “interactive process” to determine whether his request for disability leave could be accommodated without undue hardship to the employer.
CRFA
READ MORE CALIFORNIA LABOR LAW LEGAL NEWS
CFRA provides up to 12 weeks of unpaid, job-protected leave for eligible employees in California for specific family and medical reasons, such as caring for a seriously ill family member. The law covers California employees who meet certain service requirements (which Rubenstein clearly did). Workers must be reinstated to the same or a comparable position with similar pay, benefits, and responsibilities upon returning from leave. Furthermore, employer-paid health benefits must continue during the leave period.
If you find yourself dealing with an uncooperative employer, it may be possible, especially with the assistance of an attorney, to negotiate a resolution. In other situations, as Rubenstein discovered, where an employer seems especially dug in, a labor lawsuit may be the only available path.
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