Warning Signs That Your Employer Is Violating Your FMLA Rights
Knowing your rights is essential when you must stop working temporarily for family or medical reasons. The FMLA is a federal law that permits you, if eligible, to take time off for family or medical reasons without fear of losing your job. However, some employers may try to violate the FMLA, either intentionally or unintentionally. You should look out for several things when you try to return to work.
Retaliating Against You for Taking FMLA Leave
If your employer punishes you in any way, such as giving you a poor performance review or demoting you for taking FMLA leave, they are violating the law.
You should gather as much evidence as possible to support their claim, including any documentation related to their FMLA leave, performance reviews or evaluations before and after their leave, and any communication between themselves and their employer regarding their leave and performance.
You should demonstrate that your poor performance review was a direct result of your FMLA leave rather than your performance. Fortunately, an attorney can help you prove this.
Failing to Restore You to Your Original Position
When you return from FMLA leave, your employer must restore you to your original or equivalent placement. If they fail to do so, they are violating the law.
The employer might argue that they eliminated the position because it was no longer needed. However, they might still violate the FMLA laws because they eliminated the job while you were on leave. However, it's essential to consult with an attorney to be sure.
You must consider the individual circumstances and whether other similar employees were treated the same way.
Intimidating You
If your employer tries to intimidate or threaten you for taking FMLA leave, they violate the law. They may also make your life more difficult at work by drastically changing your hours to make them less convenient or reducing your hours significantly.
Even discouraging you from exercising your FMLA rights can be a violation, and you may be able to sue. Your employer must know that they cannot get away with violating your rights.
If you're worried about your FMLA rights being violated, you should talk to a lawyer. Several legal remedies might be available to you, such as filing a complaint with the Department of Labor and filing a lawsuit to seek damages for lost wages. You may even be able to be reinstated at your job. Remember, you can take FMLA leave without fear of losing your job or facing retaliation.
For more information on an FMLA law case, contact a lawyer today.