The Family & Medical Leave Act was passed to protect workers’ rights to leave under limited circumstances. Unfortunately, FMLA retaliation is fairly common across the United States. Often, employees are either unaware of their rights and fail to recognize the actions taken by their employer are illegal or fail to act out of fear. That’s where an employment lawyer comes in. Experienced legal professionals help employees whose rights have been violated due to FMLA retaliation — holding employers accountable for their egregious actions that affect families every day.
6 Benefits of Hiring an Employment Lawyer
Help With Your Legal Rights to Same Pay & Benefits
FMLA retaliation has many faces. Employers will perform certain actions to “punish” employees for taking time off. One of these is giving you a reduction in your wages once you come back to work. You are legally entitled to equal pay and benefits that you had before you took leave. It is important to review your paycheck carefully. If you see a difference, you may have a case of FMLA retaliation.
Holding Your Employer Accountable for Wrongful Termination
There are varying events that can lead to a claim of wrongful termination. When you return from an FLMA leave are you held responsible for work which was not done during your leave? Did you get a bad performance review from your supervisor after your leave based on work that was not completed during your leave? Were you disciplined for not meeting a quota based on the quantity of work which was not adjusted for the time you were off work for an FMLA leave? Did these adverse actions cause you to lose your job? The most severe circumstance of firing someone outright who still followed all policies and procedures for FMLA is the most obvious basis for a claim on retaliation but lesser action may also qualify as “adverse actions.” It is important to hold your employer accountable — to get your career back on track.
Help to Get Your Previous Position Back After a Demotion
Another example of FMLA retaliation is when an employer demotes you to a lesser position (or an entirely new position for which you are not experienced) after taking leave to have a baby or care for a sick loved one. A large majority of working Americans are covered by the Family and Medical Leave Act and have a legal right to return to their former position or an equivalent position in wages and seniority.
Make sure to consult an experienced employment law attorney as soon as possible because there is an FMLA discrimination statute of limitations. As a general standard, a claim must be filed within two years after the demotion (or other retaliation) that you believe was in violation of the FMLA. There is a maximum of three years if the violation was willful.
Holding Your Employer Accountable for Assigning New Work Not Relevant to Your Job
Have you been told to do the heavy lifting that wasn’t previously required for your position? Did your employer take you away from a job at a desk and place you in a position that now requires you to stand on your feet all day? These are some of the illegal actions employers will take which can be considered FMLA retaliation and violate your legal rights.
Help After Losing Eligibility for a Promotion
Were you on track for a great promotion before you took family or medical leave? Has your employer told you that you are no longer qualified for that promotion after you came back from FMLA leave? You should consult an employment lawyer to see if you have a case. If you have any documentation that relates to your promotion track, make sure to keep it because this evidence can make a big difference in your legal outcome.
Holding Your Employer Accountable for Giving You an Unreasonably Heavy Workload After Taking Leave
Another example of FMLA retaliation is an employer giving you an unreasonably heavy workload after taking family or medical leave. Have they given you a full-time workload with a part-time schedule? Did they fire you after you could not complete all the work in the time allowed? Much of the content of the law is about equality. Equal pay and benefits before and after leave; equal workload before and after leave; equal seniority before and after leave…all of this issues are covered under the FMLA.
Consult With an Employment Lawyer for FMLA Retaliation
Experienced, proven employment lawyers are well-versed in the myriad issues surrounding FMLA retaliation — helping employees just like you receive justice and get their careers back on track.
At Wenzel Fenton Cabassa, P.A., our employee rights attorneys we can evaluate your personal circumstances to determine whether your employer has violated the provisions of the FMLA and then take the necessary steps to protect your rights. Families should not have to go through the personal stress, financial stress, and negative impacts on careers that happen due to FMLA retaliation.
Contact us today for a free confidential consultation. Don’t wait until the FMLA discrimination statute of limitations runs out. We are here for you. We’ve helped thousands of clients get the justice they deserve.
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.