FMLA Discrimination Lawyer in Cocoa Beach
Federal law protects employees who need to take time off work for medical reasons or to care for a family member. The Family and Medical Leave Act (FMLA) provides eligible workers with up to 12 weeks of unpaid leave per year without fear of losing their job. However, some employers may not follow this law, which can result in discrimination against employees who exercise their rights under FMLA. If you believe your employer has violated your rights under FMLA, it’s essential to understand what constitutes as FMLA discrimination and how to protect yourself. Reach out to speak with an FMLA Discrimination Lawyer in Cocoa Beach.
If you think you may have a claim for family and medical leave discrimination in Cocoa Beach, Florida, contact Lytle & Barszcz today to learn more or call us 407-622-6544
Common Examples of FMLA Discrimination in the Workplace
Employers cannot retaliate against an employee for exercising their right to take FMLA leave. Retaliation can come in many forms, including demotion, termination, reduction in pay or hours, denial of promotion, or harassment. Employers also cannot interfere with an employee’s attempt to exercise their FMLA rights. For example, if an employer pressures an employee to return to work before they are medically able, that could be considered interference. Additionally, employers must provide the same benefits and working conditions to employees on FMLA leave as those who are not on leave.
Understanding Your Rights as an Employee under FMLA
As an employee, you have the right to take FMLA leave if you meet certain criteria. To be eligible for FMLA leave, you must work for a company with at least 50 employees within a 75-mile radius, have worked for the company for at least 12 months, and have worked at least 1,250 hours during the previous 12 months. You also must work for a covered employer, such as a government agency or school district. Once you qualify for FMLA leave, you can take up to 12 weeks of unpaid leave per year for specific reasons, such as caring for a sick family member, recovering from a serious illness or injury, or bonding with a new child.
When to Seek Legal Help for FMLA Discrimination
If you suspect your employer is violating your rights under FMLA, it’s crucial to seek legal help immediately. An experienced FMLA Discrimination Lawyer in Cocoa Beach can review your case and determine whether your employer has committed FMLA discrimination. They can also guide you through the process of filing a complaint with the Department of Labor or pursuing legal action against your employer.
Hiring an Experienced FMLA Discrimination Attorney in Cocoa Beach
At Lytle & Barszcz, we specialize in representing clients who have been victims of FMLA discrimination. Our team of skilled attorneys has extensive experience handling these types of cases and will fight tirelessly to ensure you receive the compensation you deserve. Contact us today to schedule a consultation and learn more about your options.
FAQs – FMLA Discrimination Lawyer in Cocoa Beach
Q: What Is FMLA Discrimination?
Ans: FMLA discrimination refers to when an employer takes measures against employees for exercising their rights under the Family and Medical Leave Act—for instance, firing, demoting, denying promotion/pay raise/other benefits as retaliation because an employee took FMLA leave. These may include firings/demotions/denied promotion, etc., due to having taken FMLA leave.
Q: How Can I Determine Eligibility For FMLA Protection?
Ans: To be eligible for FMLA, an employee must have worked at their employer for at least 12 months and accrued at least 1,250 hours over that period; also, 50 or more employees within 75 miles must exist within their organization for them to qualify as eligible employees under FMLA. Speak with an FMLA Discrimination Lawyer in Cocoa Beach.
Q: What types of leave are covered under FMLA?
Ans: FMLA allows employees to take up to 12 weeks of unpaid, job-protected leave annually for certain family and medical purposes, including Personal or family illness, maternity/Paternity Leave, caring for someone living with serious health conditions in the immediate family, and navigating issues related to family members’ active military duty.
Q: What steps should I take if I suspect FMLA discrimination against me?
Ans: If you suspect your employer discriminated against you for taking or requesting FMLA leave, document all related communications and incidents as soon as possible before consulting an experienced FMLA Discrimination Lawyer in Cocoa Beach Beach to assess and advise you regarding the next steps in your case.
Q: What timeframe am I allowed to file an FMLA discrimination claim?
Ans: In general, two years are allotted for filing such claims against discriminatory acts by your employer; this deadline may be extended up to three years if their violation can be considered willful by law enforcement officials. Consulting with a FMLA Discrimination Lawyer in Cocoa Beach immediately in such circumstances ensures your rights are fully protected.
Q: Can my employer fire me while on FMLA leave?
Ans: Your employer cannot terminate your employment for taking FMLA leave directly; however, they can terminate you for reasons unrelated to that leave (e.g., company downsizing and poor performance unrelated to FMLA leave). Consulting an FMLA Discrimination Lawyer in Cocoa Beach may help assess if any such decisions were lawful.
Q: What steps should I take if my employer retaliates against me after filing an FMLA discrimination claim?
Ans: Retaliation after filing an FMLA claim is illegal. If further discrimination or retaliation occurs after making your complaint, make a note of each instance and contact an FMLA Discrimination Lawyer in Cocoa Beach as quickly as possible to take legal action immediately.
Q: Are any protections in place while my FMLA discrimination claim is being processed?
Ans: Yes. Employers are legally barred from taking adverse actions against you for making an FMLA complaint, including taking adverse steps against those filing complaints themselves. Any retaliatory measures may lead to additional legal claims being pursued against them. Speak with an FMLA Discrimination Lawyer in Cocoa Beach.
Q: Can I file an FMLA claim if I have already returned from FMLA leave?
Ans: Yes. Even after returning from taking leave under FMLA, if you believe you were treated unfairly or experienced discrimination as a result of taking such leave you still may file a claim with OSHA against employers who took unlawful action in response. Reach out to speak with an FMLA Discrimination Lawyer in Cocoa Beach.
Contacting a FMLA Discrimination Lawyer in Cocoa Beach Today
Don’t let your employer get away with violating your rights under FMLA. If you suspect FMLA discrimination, contact our office today to speak with one of our knowledgeable FMLA Discrimination Lawyer in Cocoa Beach. We offer free initial consultations and will evaluate your case to determine the best course of action. Call now to get started on the road to recovery.
If you think you may have a claim for family and medical leave discrimination in Cocoa Beach, Florida, contact Lytle & Barszcz today to learn more or call us 407-622-6544
Our consultations are free. All communications with our firm are confidential and privileged.