FMLA Retaliation Lawyer in Southwest Missouri

The Family and Medical Leave Act (FMLA) is a crucial law that provides employees with the right to take unpaid, job-protected leave for specific family and medical reasons. However, some employers retaliate against employees who exercise these rights, leading to what is known as FMLA retaliation.

If you're facing such retaliation, understanding your rights and the steps you can take is essential. Raymond B. Lampert of Lampert Law Office, LLC in Southwest Missouri can be your guide as you manage this stressful situation.

What Is FMLA Retaliation?

FMLA retaliation occurs when an employer takes adverse action against an employee because they took or requested FMLA leave. Adverse actions can include demotion, salary reduction, job termination, or any other negative treatment in the workplace that wouldn't have happened if the employee hadn’t exercised their FMLA rights.

Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave per year for qualified reasons, such as the birth of a child, caring for a family member with a serious health condition, or recovering from a personal medical issue. 

Employers are legally required to allow employees to return to their job (or an equivalent one) after they’ve completed their leave. Retaliating against employees for utilizing this right is illegal.

Recognizing FMLA Retaliation in the Workplace

FMLA retaliation can take many forms, and it’s not always obvious. It’s important to be aware of some of the signs that you’re facing retaliation after taking or requesting FMLA leave. These include:

• Being denied a promotion or raise you were previously in line for

• Receiving poor performance reviews without justification

• Unfavorable changes in your work assignments or schedule

• Disciplinary actions that seem out of the blue

• Hostility from supervisors or coworkers after returning from leave

These are just a few examples, but any negative action that seems connected to your FMLA leave could be considered retaliation. If your employer is treating you differently in ways that affect your job satisfaction or career after you’ve exercised your FMLA rights, it’s critical to document everything and consider legal action.

Employer Responsibilities Under FMLA

Employers have clear obligations under the FMLA. They must inform employees of their rights, including eligibility for FMLA leave, and make sure that employees don’t face negative consequences for taking the leave to which they’re entitled. Specifically, employers can’t:

1. Deny you FMLA leave if you’re eligible

2. Terminate, demote, or otherwise discipline you for taking or requesting FMLA leave

3. Interfere with your FMLA rights in any way, including preventing you from taking leave or discouraging you from requesting it

Furthermore, after taking FMLA leave, employees have the right to return to the same job they left or one with equivalent pay, benefits, and responsibilities. If an employer fails to comply with these requirements, they may be engaging in retaliation.

How to Prove FMLA Retaliation

Proving FMLA retaliation requires showing that your employer took adverse action because of your FMLA leave. This can be tricky, as employers may try to argue that any negative actions were due to unrelated factors, like performance or company restructuring. 

To establish a claim, you’ll generally need to demonstrate the following:

1. Eligibility for FMLA leave: You were eligible for and took leave for a legitimate reason under the FMLA.

2. Employer knowledge: Your employer knew about your leave or request for leave.

3. Adverse action: Your employer took some form of adverse action against you after you exercised your FMLA rights.

4. Causal link: There’s a connection between your FMLA leave and the adverse action taken by your employer.

A common way to show this link is by highlighting the timing of the adverse action. If your employer took action soon after your FMLA leave, it raises suspicion that the two events are connected.

What Should You Do If You Suspect FMLA Retaliation?

If you believe you’re facing FMLA retaliation, it’s important to act quickly. The first step is to document everything related to your FMLA leave and any actions your employer took afterward. This includes saving emails, performance reviews, and any other relevant communications. You’ll also want to keep a record of your conversations with supervisors or HR personnel.

Next, consider reaching out to an employment lawyer who is knowledgeable about FMLA cases. They can help you evaluate your situation, advise you on whether you have a strong case, and assist in filing a complaint or lawsuit. The sooner you involve legal help, the better your chances of building a solid case.

Filing a Complaint With the Department of Labor

If your employer violates your FMLA rights, you have the option of filing a complaint with the Department of Labor’s Wage and Hour Division (WHD). The WHD is responsible for enforcing FMLA regulations and can investigate claims of retaliation. 

If the investigation finds that your employer violated your rights, they may face penalties, and you could be entitled to compensation or reinstatement to your previous position.

There are specific deadlines for filing an FMLA retaliation claim, so don’t wait too long. Generally, you’ll need to file within two years of the alleged retaliation, but this period can extend to three years if the retaliation was willful.

Filing a Lawsuit for FMLA Retaliation

In addition to filing a complaint with the Department of Labor, you also have the option to file a lawsuit directly against your employer. A lawsuit may result in compensation for lost wages, benefits, emotional distress, and legal fees. If successful, your lawsuit could also result in job reinstatement or other remedies.

Working with an experienced employment attorney is key when pursuing a lawsuit for FMLA retaliation. Your lawyer will help you gather evidence, build your case, and manage the legal process.

Potential Remedies for FMLA Retaliation

If you win your FMLA retaliation case, there are several remedies you may be entitled to:

• Back pay: Compensation for any lost wages due to demotion, termination, or salary reduction.

• Front pay: Compensation for future lost earnings if you’re unable to return to your previous position.

• Reinstatement: Your employer may be required to reinstate you to your previous job.

• Emotional distress damages: Compensation for the emotional and psychological harm caused by retaliation.

• Legal fees: Your employer may be required to cover your attorney’s fees and legal costs.

Preventing FMLA Retaliation

While it’s not always possible to prevent retaliation, there are steps you can take to protect yourself if you plan on taking FMLA leave. Make sure you understand your rights under the FMLA and follow your employer’s procedures for requesting leave. 

Keep copies of any paperwork you submit and maintain a record of any interactions you have with HR or management regarding your leave.

If you suspect any form of retaliation, don’t hesitate to consult with a lawyer to understand your options. The sooner you act, the better chance you have of protecting your rights and holding your employer accountable.

Get Support From a Trusted Lawyer

If you’ve taken FMLA leave and are facing negative consequences at work as a result, it’s crucial to contact Lampert Law Office, LLC for help. Raymond B. Lampert serves Southwest Missouri including Springfield, Greene County, Christian County, Joplin, Branson, Carthage, Neosho, Monett, Ozark, Republic, Lamar, and Ridgedale. Reach out today.