Why Choose Our Los Angeles FMLA Retaliation Attorneys?
The Los Angeles employment attorneys at Yadegar, Minoofar & Soleymani, LLC, have extensive experience handling cases specifically related to FMLA retaliation. We will advocate on your behalf to ensure your employer is held accountable for any unlawful actions.
- Our approach will be tailored to your goals and priorities, ensuring the most effective representation possible.
- We understand that an FMLA retaliation case can be stressful. Our attorneys are accessible and provide unrivaled personal attention to each client.
- We will work with you to explore cost-effective solutions to achieve the best possible outcome for you while minimizing unnecessary expenses.
Why You Need an FMLA Retaliation Lawyer
Seeking the assistance of an FMLA retaliation lawyer is highly beneficial for several reasons:
Knowledge of Complex Employment Laws
A skilled FMLA retaliation lawyer has in-depth knowledge and understanding of the laws and regulations related to employee rights, protections, and employer responsibilities. They can help you comprehend the intricacies of the FMLA and how it applies to your specific situation.
- Case Evaluation and Legal Advice: An FMLA retaliation lawyer can assess the merits of your case. They will review your claim’s details, evidence, and circumstances. Then, based on their analysis, they can provide sound legal advice on the strength of your claim, potential legal remedies, and the best course of action to pursue.
- Protection of Your Rights: Retaliation cases can be emotionally charged and legally complex. Having a dedicated FMLA retaliation attorney by your side ensures that your rights are protected throughout the legal process and any attempts to undermine your claim will be aggressively fought against.
- Gathering Evidence and Building a Strong Case: An attorney will have experience in investigating and gathering evidence in retaliation cases. They can assist you in identifying and collecting the necessary documentation, witness statements, etc.
- Negotiation and Settlement: An FMLA retaliation lawyer will have the negotiation skills to advocate for the best possible outcome, as many cases are resolved through settlement discussions before going to court.
- Litigation Representation: If a settlement cannot be reached, or if it is in your best interest to proceed to court, a lawyer will handle the complex legal procedures, paperwork, and court appearances on your behalf, presenting your case persuasively to seek compensation and justice you deserve.
- Maximizing Compensation: An experienced FMLA retaliation lawyer understands the types of compensation available in these cases and can help maximize your potential recovery. They will work diligently to pursue all available avenues of compensation, such as lost wages, benefits, emotional distress damages, and punitive damages, where applicable.
What is the Family and Medical Leave Act?
The Family Medical Leave Act (FMLA) was enacted in 1993 to enable eligible employees to take unpaid leave for certain family reasons without agonizing over their job security. It is unlawful for an employer to punish an employee for taking FMLA leave, but it still happens all the time.
If an employer has retaliated against you for taking FMLA leave, you may be entitled to file a complaint with the US Department of Labor and pursue a lawsuit to recover damages. The Los Angeles FMLA retaliation attorneys at Yadegar, Minoofar & Soleymani are dedicated to helping employees whose legal rights have been violated.
Contact us today to arrange a free case evaluation.
Who Does the FMLA Cover?
The FMLA covers all public and private employers with 50 or more employees. Employees are eligible for FMLA coverage if they have worked for their employer for at least 12 months and accrued at least 1,250 hours.
The FMLA provides eligible employees up to 12 weeks of unpaid leave in a 12-month period for any of the following family occurrences:
- The birth of a child
- The adoption of a child
- The placement of a foster child in the employee’s care
- To care for a seriously ill spouse, parent, or child
- A serious, personal health condition that prevents the employee from performing their job
- When a spouse, son, daughter, or parent of the employee is on qualifying active duty in the military or has been called to qualifying active duty; and
- To care for a qualifying service member who is seriously injured or ill (up to 26 weeks of unpaid leave in a 12-month period)
When an employee returns from FMLA leave, the employer must provide them with the same or equivalent position that has the same pay, benefits, and responsibilities as the employee’s previous position, as well as protection from any retaliation as a result of the leave.
FMLA Retaliation Claims
Two types of claims typically arise out of the FMLA, these include:
- FMLA Interference Claims – this involves a boss, manager, or employer blocking or preventing an employee from taking FMLA leave. Employers cannot threaten an employee with repercussions for taking FMLA leave or deny them leave they are entitled to take.
- FMLA Retaliation Claims -this occurs when an employer takes adverse employment actions against an employee who took FMLA leave, such as:
- Termination, suspension, or demotion;
- Reducing their pay or hours;
- Revoking their authority;
- Negative performance reviews or disciplinary actions;
- Exclusion or denial of benefits afforded to other employees;
- Changing the employee’s schedule to interfere with intermittent FMLA leave;
- Unfair treatment or harassment;
- Transferring the employee to a less desirable location, etc.
As mentioned above, the FMLA prohibits an employer from retaliating against an employee for taking FMLA leave.
What You Can Do if Your Employer Retaliates Against You
If your employer has retaliated against you for taking FMLA leave, you may be entitled to damages, including:
- Back pay for lost wages, salary, and employment benefits
- Front pay, which is compensation for wages and salary lost between the time you bring the lawsuit and until you are reinstated to your former position or find new employment
- Compensatory and punitive damages; and
- Reimbursement of your attorney’s fees and court costs.
However, not all leave qualifies under the FMLA, and not all employees are entitled to FMLA leave. Furthermore, employers often use the FMLA’s complexity to take advantage of employees who do not fully understand their rights.
For these reasons, if you believe you are a victim of FMLA retaliation, you should seek legal representation to discuss the matter. An experienced lawyer will evaluate the circumstances involved in your case and let you know if and what damages you may be entitled to recover.
Contact Yadegar, Minoofar & Soleymani | Los Angeles FMLA Retaliation Lawyers
Our Los Angeles FMLA retaliation lawyers have extensive experience representing victims of workplace discrimination and retaliation. If you believe that you are a victim of FMLA retaliation, we may be able to help you. Contact our workplace retaliation attorneys in Los Angeles to discuss your situation. We handle FMLA retaliation claims on a contingency fee basis, meaning that you will pay us no fee unless we recover compensation for you.