Delaware County FMLA Attorney
If you or your family member becomes sick, you may be eligible to take leave from work under the Family and Medical Leave Act (FMLA). This Act allows certain employees to take up to 12 weeks of unpaid leave from their job. The Act also forbids employers from certain actions, such as retaliating against an employee that takes such leave.
Unfortunately, the fact that it is against the law does not stop some employers from taking retaliatory action. When that is the case, employees need to speak to a Delaware County FMLA attorney. A lawyer can help employees recover compensation for lost pay, lost benefits, and other losses incurred due to the retaliation.
Types of Adverse Action Under FMLA
Under FMLA, retaliation is known as an adverse action. This is defined as any action that negatively impacts the relationship of the employee and employer. Adverse action can include:
- Firing an employee for taking FMLA leave
- Refusing to hire someone for taking FMLA leave at a previous job
- Demoting someone for asking about FMLA leave
- Refusing someone a promotion for asking about FMLA leave
- Refusing benefits or perks such as the company car or cellphone
- Loss of responsibilities upon return to work after FMLA leave even though the employee is still qualified to perform those duties
- Refusing to allow an employee to pursue a promotion after returning from FMLA leave
- Disciplinary action not related to job performance
When employers retaliate against employees in any of the above ways, it is often devastating. They lose their income, and it often takes them some time to find work again. It is important that employees know that if their employer has retaliated against them, there are steps they can take to stand for their rights.
What to do When You Suspect Retaliation
While the retaliation is likely clear to the employee, simply stating that an employer has taken retaliatory action is not enough. In order to receive compensation for it, employees need to prove the retaliation is actually happening. They also need to prove that it is a direct result of their FMLA request or leave.
The first way employees can do this is by documenting the retaliatory action. For example, if the employer suddenly starts cutting the employee’s shifts upon his or her return from FMLA leave, the employee should keep any documentation showing the retaliation, such as a work schedule. Or, if an employee was fired after returning from FMLA leave, he or she can keep the record of employment and show further evidence that the cause of termination was unjustifiable.
Historical information can also help prove an FMLA claim. For example, if an employee asks an employer about FMLA leave, the employer may start criticizing the employee’s performance in retaliation of the request. If the employee can prove through past emails that the employer has always praised his or her performance in the past, this might be evidence of retaliation.
FMLA cases have their own unique challenges and finding evidence to prove your claim is just one example of the complexities involved. Anyone who has suffered losses due to employer retaliation needs to speak to an FMLA lawyer as soon as possible.
An FMLA Lawyer in Delaware County can Help with Your Claim
If you think your employer has retaliated against you after your request for FMLA leave or upon your return to work, you need the help of a Delaware County FMLA attorney. At Marshall & Forman, LLC, we will listen to the facts of your case, and if you deserve compensation, we will help you hold your employer liable for it. Call us today or fill out our online form to learn more about what we can do for you.