Workers get sick, have children, need to care for loved ones, and have emergencies due to a family member’s military obligations. This led to the Family Medical Leave Act (FMLA), which has existed for 25 years. Do you believe that your employer discriminated against you or took adverse employment actions against you due to a similar situation? If so, our Orlando and Tampa FMLA Lawyers are here to help.
Retaliation against a worker for requesting to take advantage of the FMLA is illegal under the law. Not only can an employer not deny a worker their FMLA rights if they work at a qualifying corporation and meet one or more of the required circumstances, they also can not punish or wrongfully terminate an employee for trying to take advantage of the FMLA. This is true even if the worker does not end up taking leave for any other reason.
Our attorneys have decades of success in reaching settlements and favorable outcomes for employees whose employers have wronged them for many reasons – including wrongful termination, harassment, prejudicial treatment, and unfair pay. Retaliation from an employer after requesting FMLA rights may include some of or all these outcomes for the employee.
Any way an employer attempts to retaliate against an employee is unjust and impacts the employee negatively. If you are seeking legal help regarding the FMLA or employer retaliation, our lawyers have the experience to help you win your case.
Qualifying For The FMLA Leave
The Family and Medical Leave Act (FMLA) is a federal law that provides leave and job protection to employees that are qualified under the law. The federal government instituted it in 1993 to prevent wrongful treatment or termination of employees who need up to 12 weeks’ leave of absence for an unavoidable life circumstance. Qualifiers for utilizing the FMLA are quite specific but apply to circumstances most people face at least once in life. In order to be qualified for FMLA leave, an employee must:
- Work for a covered employer (a private-sector employer with 50 or more employees, a public employer, or a public or private elementary or secondary school)
- Have worked for the covered employer for at least 12 months
- Have at least 1,250 hours of service for the employer during the 12 month period preceding the FMLA leave (meaning part-time workers are sometimes excluded from the 12-month rule)
- Work at a location where the employer has at least 50 employees within a 75 mile radius
- A qualified employee may take FMLA leave (either for a block period or intermittently) for 12 work weeks in a 12 month period for the following reasons:
- Birth of a child or placement of a child with the employee for adoption or foster care
- For the employee’s serious health condition
- To care for a spouse, child or parent that has a serious health condition
- For any qualifying exigency arising out of the fact that a spouse, child or parent is in the military on covered active duty or called to covered active duty status
It is an unlawful employment practice for an employer to interfere with an employee’s FMLA rights. There are multiple ways in which an employer can interfere with an employee’s FMLA rights and numerous federal regulations that outline protections that many workers are unaware exist. Educating yourself by asking a legal professional the important questions can help you to determine the extent of your FMLA case.
It is also illegal for an employer to retaliate against an employee for exercising their rights under the FMLA. Retaliation can take many forms, including: termination, demotion, reduction in hours and pay and other actions by an employer that could dissuade its employees from exercising their rights under the FMLA.
Why Choose Florin Gray Bouzas Owens, LLC?
When experiencing trouble from an employer, particularly regarding the FMLA, it often comes at an especially bad time for the employee. If an employee needs to utilize the FMLA to begin with, he or she is likely going through a difficult or busy time in life.
While the birth of a child is a happy occasion and the illness of a loved one is a sad and trying event, both require a person’s full attention. Finding the time to seek legal counsel can be stressful. It is also financially stressful for many people – especially if wrongful termination is part of the equation.
Florin Gray Bouzas Owens, LLC can help by providing proven, dedicated care and attention for your case. Not only do we accept a limited number of cases so that we can give each case our undivided attention, we also have the experience in employee rights laws to elicit the best outcome for your case. Unlike high-volume law firms, we accept fewer cases, so each case receives top priority.
We often work on a contingency basis. This means if we accept your case, we will work with you at little to no out-of-pocket cost until your case settles for damages. If your case does not result in a settlement, our counsel often comes completely free of charge. Our firm’s aim is to win your case and allow you to remove yourself from less-than-optimal working conditions.
Contact our Tampa FMLA Lawyers
Florin Gray Bouzas Owens, LLC is dedicated to protecting the Family and Medical Leave Act rights of Florida’s workers. Please know that there are several requirements and protections under the FMLA. If you would like to discuss any FMLA-related issues, please contact our office for a free consultation, with our Tampa or Orlando FMLA Lawyers or call us at (727) 254-5255.
To learn more about the Family and Medical Leave Act, you can visit the Department of Labor’s website.