Did Your Employer Retaliate Because You Used The Family And Medical Leave Act?
The Family and Medical Leave Act (FMLA) exists to make it possible for you to take a little time off to care for your own health needs or the needs of your family – but not all employers respect their obligation under the law. If you have been abruptly fired or demoted, or you experienced another form of adverse employment action related to a leave of absence, you may have a valid workplace retaliation claim.
I am attorney Michael W. DeWitt, and I am the founder of DeWitt Law, LLC. For more than two decades, I have defended the rights of Ohio workers throughout the Columbus area. I take a hands-on approach to every claim, and I will give your case the attention it deserves.
Frequently Asked Questions About Retaliation For The Use Of FMLA Leave
When an employer retaliates against you, life gets very complicated, very fast. Understandably, you have questions. Here are some of the most important ones I hear:
What is the FMLA and how does it protect me from retaliation for using it?
The FMLA is a federal law that permits eligible employees to take unpaid leave for specific family and medical reasons. When you take leave under the FMLA, your employer must generally restore you to your old position (or an equivalent one with the same pay and benefits) upon your return.
Can my employer fire me for taking FMLA leave in Ohio?
All eligible employees who work for an employer covered under the FMLA have the same protections, no matter where they live.
What kind of evidence do I need to prove retaliation for FMLA use?
Each situation is unique, so the evidence needed can vary. In general, some of the most important evidence may be your FMLA request and any written communications you have with your employer about the time off. The timeline of events related to your leave request and any adverse actions can also be telling, as can records of your employment reviews both before and after you took leave.
What are the potential damages or remedies if I win an FMLA retaliation case?
You may be entitled to reinstatement to your position, back pay for lost wages, front pay for future lost wages or career damage, compensation for your emotional distress, attorney fees and more.
What is the statute of limitations for filing an FMLA retaliation claim in Ohio?
The time limit may vary based on the specific circumstances of your case, but you generally only have two years to make a claim.
If I suspect retaliation for using FMLA, what are the first steps I should take?
Document everything. Keep detailed records of anything that you believe constitutes retaliation. This includes dates, times, locations, a description of what happened and who was present at the time. The next most important step is always to contact my office so that you can obtain experienced guidance before you make another move.
Can I file an FMLA retaliation claim if I work for a small business?
Yes, so long as your employer is covered by the FMLA. The FMLA applies to all private-sector employers who have 50 or more employees (counting both part-time and full-time workers) within a 75-mile radius.
Let A Skilled Attorney Help With Your FMLA Reliation
Do not let an employer push you around and abuse your rights. I can help you fight back against unlawful firings, demotions and other punishments by an employer for taking time off under the FMLA. Call DeWitt Law at 614-762-9641 to schedule a free consultation with a lawyer who cares about your future, or reach out to me via email. You have rights, and I know what it takes to get results.