The Department of Labor considers violations of the Family Medical Leave Act (FMLA) to be very serious, if you were wrongfully terminated after taking eligible leave you may have a lawsuit claim. Share what happened with our award-winning employment attorneys today to determine if you were fired illegally and eligible to file a claim against your employer for violating the law. Your lawyer will work hard to:
- Ensure your rights under federal & state laws are protected
- Ensure your needs and concerns are heard and understood
- Ensure you pursue maximum recovery under the law
The Family and Medical Leave Act is a federal law that provides eligible employees with up twelve weeks of unpaid leave each calendar year. Both the employee’s job and certain benefits are protected and must be maintained during the leave period. If you qualify for medical leave and you were retaliated against, pressured or were discriminated against for engaging your rights, your FMLA lawyer may be able help you claim substantial damages in compensation.
The act was designed to assist employees in balancing their family and work responsibilities. It allows covered employees a reasonable period of unpaid leave for certain medical and family reasons. It is also meant to protect the interests of employers and promote equal opportunity employment.
The FMLA rules apply to all companies who employ 50 or more people, public and private schools, and all public agencies. Any company which falls under FMLA guidelines must provide their eligible employees with up to twelve weeks of unpaid leave each year under the following circumstances:
- Pregnancy and childbirth to care for a newborn baby
- Time to complete the adoption or foster child placement process
- To give care to a child, parent, or spouse with a serious health issue
- For medical leave when the employee is unable to work due to a serious health issue
Covered employees are defined as having worked for the employer for the previous 12 months, having a minimum of 1,250 hours worked during those 12 months, and working at a location where the company employs 50 or more employees within a 75 mile radius. If you are unsure whether you qualify, you need only provide the details of your case with our fmla attorney, to learn if you were covered.
FMLA Poster Violation –All employers who fall under the guidelines are required to place the poster in a place where it can be both seen and easily read. It must be made available to employees and interviewees. Each violation of this requirement is currently subject to a fine of $110 from the Department of Labor.
Job Reinstatement –Any employee who takes covered medical leave must be re-instated to their same position or a comparable position when they return to work. This is part of the job protection provision, and any employer who fails to reinstate a returning employee is in violation of this provision. Any employer who fails to reinstate a returning employee to their same position, or one with the same pay, benefits, responsibilities, skills and competencies can be held liable for lost wages.
Employee Benefits – Whenever an employee is on a covered leave, the employer is required to maintain that employee’s group health benefits. Should the employer cancel these benefits illegally, they may be required to pay for damages resulting from the lack of health care coverage. Decisions regarding the maintenance of other benefits are dependent on the employer's policy regarding non-FMLA leave. If you have further benefit related questions, ask our ERISA lawyer to get the answers you seek. If other types of leave of absence do not trigger a cancellation of benefits, then the employer may not cancel those same benefits for employees who take a covered leave of absence.
Discrimination & Retaliation – The rules provide protection for covered employees from harassment, discrimination or interference on the part of the employer towards employees for requesting time off. If you faced workplace discrimination, EEOC lawyer can help determine if your claims are in fact illegal. It is unlawful for company to deny your eligible request, refuse your right to covered leave or intimidate or harass you for taking the time off you need covered in the Family Medical Leave Act. In addition, you are protected from any form of workplace retaliation, discrimination resulting from your leave or being fired.Review My Case Now
An employee who sues their employer for FMLA violations is eligible to recover damages which include attorney fees and costs if the employee wins, as well as a host of other damage awards. Each case is unique, and your employment lawyer will be able to lay out the legal options available to you if you choose to pursue a claim. When the employer loses, they will also be required to reinstate you to your previous position or to one which is comparable. The employee is also protected from future discrimination that might result from winning the lawsuit.
Monetary damages that you may be eligible to receive for Family Medical Leave Act violations include:
Back Pay – This is the most commonly awarded monetary compensation in FMLA settlements. The back pay award includes the employee’s lost wages, as well as compensation for lost benefits that the employee would have had during the period of time that the covered medical leave was being violated. The full amount of back pay is determined at the discretion of the court.
Actual Monetary Losses – There are cases where the employee has not lost wages, but has lost compensation in other ways as a result of the violation to your rights. In such cases, the court may decide to award the employee the actual amount of money lost, up to a maximum of 12 weeks’ wages.
Liquidated Damages – Liquidated damages include the prior two sums of back pay and actual monetary losses, plus any interest on those sums. Liquidated damages are only commonly awarded in such cases where the court determines that the FMLA abuse was intentional on the part of the employer.Review My Case Now
While unfortunate, the reality is that there are many situations in which an employment laws are violated and your employer may try to deny your legal right to leave. In some cases, you unlawfully lost your job for claiming covered leave. Some people face workplace retaliation after covered fmla maternity leave or face harassment after exercising their rights under the federal guidelines. When your employer crosses the line, our wrongful termination lawyers will ensure your rights are not trampled.
Employers have been known to drop benefits for employees on covered leave, force out people who take pregnancy leave, and fire workers for taking the time off the have a right to. Even though this is a clear violation of FMLA protection laws - it happens all too often. Don't be a statistic, let our employment lawyers' help you fight back and claim what's rightfully yours.
If you are a pregnant woman who has been fired from your job, lost benefits due to your pregnancy leave, or were demoted due to pregnancy related leave, share what happened with our Family Medical Leave attorney to learn what you are entitled to under the FMLA law.
(Related: Pregnancy Discrimination Claims)
Additionally, if you take time off covered under the Family Medical Leave Act and your employer does not seem to be complying with the regulations, your lawyer will help you file your complaint and ensure you are afforded the workplace protections you deserve. When companies violate the federal labor laws, the FMLA attorneys are standing-by to hold them accountable and ensure you keep the benefits which are rightfully yours.
To find out if you have an eligible FMLA claim, share the details of what happened to get a free no obligation case evaluation now.