Handling FMLA Retaliation Claims Challenges

Handling the Challenges of FMLA Retaliation Claims

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid job-protected leave for qualifying family and medical reasons. Tennessee employers should abide by this act and provide leave to their employees without retaliation. Despite these protections, workers are sometimes subjected to retaliatory actions from their employers for exercising their right to FMLA leave.

Did you experience a pay cut when you got back to work? Asked to work while you were on leave? Those types of violations could be against the law depending on the circumstances. An attorney with experience handling FMLA retaliation claims can advise on your right to take legal action and pursue compensation. Contact the Employment and Commerce Law Group today for a free consultation.

Why You Need an FMLA Retaliation Attorney

Proving that your employer retaliated against you for asserting your FMLA rights can be challenging. The FMLA retaliation lawyers at the Employment and Commerce Law Group can assist by evaluating the strength of your case and advising you on your options for seeking compensation or other legal relief. We can help you pursue a favorable FMLA retaliation settlement or, if necessary, pursue your case in court and at trial.

At our firm, employment law is all we do. And we’re good at it. We have a history of obtaining top-dollar results for clients in a wide range of employment matters, including a $400,000 FMLA case. We know going up against your employer can feel frightening. We’ll support you throughout the process while demanding accountability and justice.

Not sure if you experienced an FMLA violation? That’s all the more reason to consult a lawyer. Reach out now to speak to one of our FMLA retaliation attorneys.

The Family and Medical Leave Act and Its Protections

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible workers with up to 12 weeks of guaranteed unpaid leave during any 12-month period for a specific covered reason, such as:

The birth of a child and to care for the infant within one year of birth
To care for and bond with an adopted child within one year of placement
A serious health condition that renders an employee unable to perform the essential functions of their job
Seeking medical care for a severe health condition (including pregnancy or chronic conditions like diabetes or respiratory diseases)
To care for a spouse, parent, or child with a serious health condition

An employee becomes eligible for FMLA leave when they meet specific criteria, including:

Work for an employer for at least one year
Working at least 1,250 hours in the 12 months before the start of FMLA leave
Working at a location where 50 or more employees within 75 miles
Working for the employer for at least 12 months before taking leave

In addition to traditional FMLA leave, a covered employee may also take up to 26 workweeks of leave during any 12-month period to care for a covered military servicemember with a serious injury or illness if the employee is the servicemember’s spouse, child, parent, or next of kin.

FMLA also entitles employees to return to work in a comparable position after their leave. As a result, an employer must hold the employee’s position open or have an equivalent position open upon the employee’s return.

What Constitutes FMLA Retaliation?

Retaliatory activity can include any adverse employment action an employer takes against an employee because that employee engaged in a protected activity. Protected activities include actions like:

Requesting FMLA leave
Taking FLMA leave
Filing a charge for a suspected FMLA violation
Cooperating with an FMLA investigation
Testifying at trial
Complaining against a third party on behalf of a co-worker

Common adverse employment actions in these situations can include:

Denying FMLA leave requests
Firing an employee who takes FMLA leave
Counting FMLA leave as absences under the employer’s attendance policy
Asking the employee to work during their leave
Refusing promotions
Demoting the worker
Reducing their pay
Reducing an employee’s work hours
Denying raises, bonuses, or commissions
Initiating disciplinary actions against an employee
Refusing to restore an employee to an equivalent position upon their return from FMLA leave

Employers who violate these rules may be subject to investigation from the U.S. Wage and Hour Division and court action from the U.S. Department of Labor (DOL).

Challenges Employees Face in FMLA Retaliation Claims

An employee alleging FMLA retaliation rarely finds direct evidence of an employer’s intent to retaliate against them for exercising their FMLA rights. Therefore, the success of these cases hinges on finding compelling circumstantial evidence to convince a jury that their employer retaliated against them. Employees may also face challenges in FMLA retaliation claims if the evidence shows an employer’s adverse employment decision had a legitimate explanation, such as employee misconduct.

Steps to Take if You Suspect FMLA Retaliation

Take these steps if you believe your employer retaliated against you for exercising your FMLA rights:

Preserve all communications and correspondence with your employer concerning your FMLA leave or other protected activity.
Obtain a copy of your employment record.
Note any co-workers or other individuals who may have relevant testimony.
Gather your pay stubs or income statements to calculate lost wages if you lose your job or suffer a reduction in pay, transfer, or demotion.
Contact an FMLA retaliation attorney immediately to discuss possible solutions.

In most cases, you have two years from the date of the latest violation to file an FMLA retaliation claim.

Legal Remedies for FMLA Retaliation

In FMLA claims, you may obtain various financial and legal relief for violating your rights. Potential legal remedies in an FMLA retaliation claim include:

Lost back pay
Lost front pay
Liquidated damages
Attorney’s fees
Job reinstatement, if you were fired or demoted

How an Employment Law Attorney Can Help

The first step in an FLMA retaliation case is determining whether you experienced a valid adverse employment action. An experienced employment attorney from the Employment and Commerce Law Group will:

Investigate to determine whether FMLA violation(s) occurred
Gather evidence to show that your FMLA request or leave was a motivating factor in the employer’s adverse action
Address the issue with your employer’s HR department if you have not already done so
Assist with filing a complaint with the DOL’s Wage and Hour Division
Document your losses
Represent you in any proceedings or in court
Demand maximum compensation for you

Ready for personalized legal advice? Contact Tennessee’s Employment and Commerce Law Group today for a free consultation with an FMLA retaliation attorney.