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How to File a FMLA Leave Lawsuit Against Employees Fired for Taking FMLA Leave

If you’ve been terminated due to taking FMLA leave, you may be entitled to a lawsuit. The FMLA protects your rights as an employee and provides you with a certain amount of paid time off each year. However, there are times when you’re fired for taking time off for a medical condition. Here are some ways to get compensation for your mistreatment, including liquidated damages and obtaining medical certification.

Taking FMLA leave can lead to termination

There are several reasons why an employee on FMLA leave may be terminated, including documented poor performance, disciplinary problems, fraud, or failure to meet job requirements. In such a case, the employer is not permitted to terminate the employee until the reason for the termination is established. Further, the employee’s replacement may have been hired in anticipation of his or her departure. In such cases, employees may be warned that they could face termination even before the reason for their departure is confirmed. If these red flags are present, the employee is probably under threat of termination. Aside from these situations, taking FMLA leave may also give employees good evidence in litigation.

If you are unsure of your rights, you should seek legal advice from a qualified employment law attorney. A qualified attorney can explain how FMLA applies to your circumstances. You must provide sufficient information to determine if your leave is eligible. For example, a pregnant employee must provide details about the pregnancy, any hospitalizations, and the care of a qualifying family member. A qualified attorney can help you determine your rights under FMLA.

Filing a lawsuit

Filing a lawsuit against employees fired for exercising their right to take FMLA leave is a common practice, but there are some important exceptions to this rule. An employee can file such a lawsuit if the employer wrongfully terminated them, or if they were mistreated while out on leave. The employee must have been wrongfully terminated for taking leave. Fortunately, there are ways to get back pay for time off that was taken without permission.

If you were fired for taking FMLA leave, you are entitled to reinstatement. Under this law, your employer must give you back your old job, with all of the same benefits and duties as before. This can include pay, authority, benefits, and time off. The employer cannot count your request as a factor in determining your eligibility for a new job, even if you were fired for taking a leave period.

Liquidated damages

When an employee is terminated due to taking FMLA leave, they are entitled to monetary compensation. Liquidated damages are generally double the total compensation awarded, including prejudgment interest. However, the court can reduce the number of liquidated damages if the employer can demonstrate good faith or objectively reasonable grounds to believe that they did not violate the FMLA. In such cases, it is important to have an attorney for your case.

One case that has recently made headlines involves an employee who was terminated for taking FMLA leave. In Lore v. Chase Manhattan Mortgage Corp., a federal trial court in the Eighth Circuit (covering Iowa, Missouri, and Arkansas) found that the employer had acted improperly when it terminated LaMonaca while she was taking leave. The judge ruled in favor of the employee and awarded her attorneys’ fees. Liquidated damages for employees fired for taking FMLA to leave are now available, and the judge awarded the employee nearly double the amount of the original award.

Obtaining medical certification

Although FMLA does not require employers to obtain medical certification from their employees, the law grants them the right to do so if the employee has an illness that requires more than two weeks of leave. In some instances, employers can request certified medical verification of the employee’s absence within five days of the FMLA request. If this happens, the employee has 15 days to submit the certification or the employer can deny the request for leave.

If you’re fired for taking FMLA leave, it’s important to understand that the FMLA only protects employees who have serious health problems, which means that it won’t cover mild illnesses. Even so, some employers refuse to allow employees to take leave for such reasons. Even colds won’t qualify as serious illnesses, but employees with symptoms of a serious illness may still be eligible for FMLA protections.

Returning to work after leaving on FMLA leave

There are several important things to know about returning to work after FMLA leave. You should never go back to your old job without first consulting with an employment attorney. You must be able to return to your previous job with the same pay, benefits, and working conditions that you had before you took the leave. You also cannot accrue any additional benefits or pay during your leave. The following are some of the basic things that you need to know about returning to work after FMLA leave.

FMLA requires that you be reinstated to the same position or a truly equivalent position after taking your FMLA leave. The company must have a policy that requires a medical certificate and follow it when other employees took leave for medical reasons. This may not be an option if you’re a high-paying employee or your reinstatement would cause major economic harm to the company. If you’re forced back to your old job, you need to prove that the employer fired you and that you were wrong to do so.

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