We represent employees who have been denied legal protections afforded by the Family and Medical Leave Act (FMLA). The FMLA offers certain job protections to eligible employees who require time off due to a serious medical condition they personally suffer as well as employees who require time off to help care for a close family member who suffers from a serious medical condition. A legal cause of action may exist where a covered employer infringes on an employee’s right to take FMLA leave.
There are generally two types of legal claims that can be brought under the FMLA:
- Interference with an Employee’s FMLA Rights
- Retaliation Against an Employee for Having Exercised His or Her FMLA Rights
FMLA INTERFERENCE
Generally speaking, an employer’s conduct constitutes FMLA interference when an employer unlawfully frustrates or otherwise obstructs an employee’s desire and ability to take FMLA leave. There is a wide variety of prohibited conduct that can potentially support an FMLA interference claim. Therefore, it is crucial that the facts of your specific case are reviewed by an experienced FMLA attorney.
FMLA RETALIATION
FMLA retaliation occurs where an employee requests or takes FMLA leave and in response, the employer engages in conduct that intentionally has the effect of punishing the employee for exercising their FMLA rights.
If you believe your employer has violated your legal rights as related to FMLA leave, you may be entitled to monetary damages and possible reinstatement. Request a consultation to learn more about your potential FMLA claim.
