Nashville FMLA Retaliation Lawyer

Do you know or suspect that your employer is punishing you for requesting or taking FMLA leave? You do not have to accept retaliation or unfair treatment for exercising your legal rights. If your employer cut your hours, denied a promotion, or fired you after FMLA leave, you have options.

A lawyer from the Employment and Commerce Law Group can review your situation, explain your rights, and take action to protect your job and income. Contact our FMLA retaliation lawyers today to arrange your free consultation and learn how we can help you pursue justice.

What Are Your Rights Under the FMLA?

The Family and Medical Leave Act (FMLA) gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave per 12-month period for qualifying family or medical reasons. You must have worked for a covered employer for at least 12 months, with at least 1,250 hours worked in the past year, to be eligible. Qualifying reasons include:

Having a serious health condition
Caring for a spouse, child, or parent with a serious health condition
Giving birth to or adopting a child
Dealing with certain situations related to a family member’s military service

During FMLA leave, your employer must continue your group health insurance under the same terms as if you were working. When you return, your employer must restore you to the same or an equivalent position with equal pay, benefits, and work conditions.

What Does FMLA Retaliation Look Like? Common Illegal Employer Actions

Employers are legally prohibited from retaliating against employees for requesting or taking FMLA leave, but some do so anyway. Here are some examples of actions that violate federal law and can give rise to an FMLA retaliation claim:

Cutting Hours: An employer might reduce an employee’s regular schedule following FMLA leave, claiming the company “needs someone more reliable.”
Counting FMLA Absences Under Attendance Policies: A manager might give an employee attendance “points” or issue a poor performance review for taking approved FMLA leave.
Denying Promotion or Training Opportunities: After an employee takes FMLA leave, a supervisor might remove them from consideration for a promotion or cancel planned training.
Discouraging Employees from Using Leave: A company might deter employees from taking FMLA leave by warning that doing so will “hurt teamwork” or “delay projects.”
Reassigning Workers to Less Favorable Duties: A returning employee might find their job has been changed to include less desirable shifts, fewer responsibilities, or lower commissions.
Threatening Termination: A supervisor might tell an employee that taking medical leave will “put their job at risk,” which is unlawful even if they never follow through.
Creating a Hostile Work Environment: A returning employee might face cold treatment, exclusion from meetings, or critical comments about their absence after taking leave.

Can You Be Fired While on FMLA Leave?

Your employer cannot lawfully fire you for taking or requesting FMLA leave. However, the FMLA does not grant absolute job security. Your employer may still terminate your employment for legitimate, unrelated reasons, such as company-wide layoffs, documented poor performance, or violations of workplace policy. The key issue is motive. If you were fired on FMLA leave, or shortly after requesting or returning from leave, that could indicate unlawful retaliation and provide grounds for an FMLA retaliation claim.

How Do You Prove an FMLA Retaliation Claim?

You must provide three specific factors to prove FMLA retaliation:

You engaged in protected activity under the FMLA
Your employer took an adverse employment action
A causal link exists between the first two factors

Protected activities include requesting or taking FMLA leave or opposing illegal FMLA practices. Adverse actions can include termination, demotion, pay cuts, or schedule changes tied to your leave.

You will need clear evidence that shows the timing and pattern of events to support your claim and draw a causal link between your protected activity and your employer’s actions. Keep emails between you and your employer, HR notes, copies of performance reviews, and records of any communication discussing your leave or return to work. Document timelines that indicate a sudden drop in evaluations or new disciplinary actions after your leave. Collect witness statements from co-workers or supervisors who saw retaliation occur to add further credibility to your case.

Why Do Employers Retaliate After FMLA Leave?

Some employers react poorly when an employee requests or takes FMLA leave because it disrupts their business operations. A short-staffed department might face trouble meeting deadlines, client pressure, or reduced productivity when someone is out. Managers might feel frustrated if they must redistribute work or cover shifts. In some cases, they may view the leave as inconvenient rather than lawful.

Retaliation can also come from a desire to prevent future absences or costs associated with temporary replacements. Sometimes, employers misunderstand their legal duties and view protected FMLA leave as poor attendance. In other cases, retaliation happens because of bias, which can look like a supervisor believing employees who take medical or family leave are less dedicated. These pressures do not excuse retaliation, but they can explain why some violations occur and why it’s so important to push back.

What Should You Do If You Suspect FMLA Retaliation?

If you think your employer has retaliated against you for requesting or taking FMLA leave, you should take the following steps to protect your rights:

Write down every important date, including when you requested leave, when you returned, and when any job changes or discipline occurred.
Keep copies of all written communication with your employer, such as emails, text messages, and letters related to your leave or job status.
Collect evidence of any changes in your job duties, hours, pay, or evaluations that happened soon after you requested or took leave.
Do not sign any severance agreements or settlements before reviewing them with a lawyer.
Avoid discussing your concerns with co-workers or supervisors until you get legal advice.
Contact an employment lawyer as soon as possible to discuss your situation and your next steps.

Speak With a Nashville FMLA Retaliation Attorney Today

If you believe your employer retaliated against you for taking or requesting FMLA leave, now is the time to get legal advice tailored to your situation. The FMLA retaliation attorneys at the Employment and Commerce Law Group know how to hold employers accountable for unlawful actions and can help you explore your options. Contact our team now to discuss your rights in a free consultation session.