Wrongfully Terminated While on FMLA Leave
The Family Medical Leave Act (FMLA) allows employees to take up to 12 weeks of unpaid leave each year to deal with issues like serious health conditions, caring for a child or a loved one with a serious health condition, pregnancy or to bond with a new baby. Despite the law protecting employees on and returning from FMLA leave, some employers may wrongfully terminate an employee. If you are in this situation, the help of a wrongful termination lawyer is essential to ensure you receive the compensation you deserve.
Although the FMLA protects employees who are out on or returning from medical leave, an employer can still fire an employee who is using or preparing to use this time off from work. This is because many states have at-will employment laws, which means that an employer can fire someone for any reason or no reason at all. In this scenario, an employee may be able to prove that they were wrongfully fired by demonstrating that their working conditions had become intolerable and that their employer had fired them because of these intolerable conditions.
In these situations, an employee can recover a number of different types of damages, including back pay, lost benefits, legal fees, and compensation for emotional distress. Additionally, under some laws, including the Family Medical Leave Act and the New York State Human Rights Law, an employee who is wrongfully fired may be entitled to punitive damages.
Can an Employee Be Wrongfully Terminated While on FMLA Leave?
Another common type of FMLA violation is firing an employee who has used all of their twelve weeks of leave. This can also result in a wrongful termination claim, as it is illegal for an employer to interfere with an employee’s right to use their leave. This includes failing to provide an adequate amount of notice before firing someone who is on or returning from medical leave.
A wrongful termination lawsuit can be quite complex, but it is important to remember that the length of time it takes to settle or go to trial depends on how well prepared you are and the evidence available. Having the assistance of an experienced attorney can help you gather the necessary documentation and prepare a strong case against your employer.
If you believe that you have been wrongfully termination, it is crucial to act quickly. Contact a wrongful termination lawyer as soon as possible to learn more about your case and how long it might take to resolve. You can find an attorney in your area by using Nolo’s Lawyer Directory. Then, you can start the process of recovering your losses. The sooner you do so, the more likely it is that you will be able to secure the damages you are entitled to. If you would like to get started, see Nolo’s article Wrongful Termination: Gathering Documentation. For more information about the process, you can also call Nolo’s hotline and speak with a qualified attorney for free.
