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Covered employers are prohibited from denying an eligible employee’s proper request for FMLA leave. You can’t be required to do any work while you are on an approved FMLA leave. Also, it is not legal for your employer to retaliate against you if you are an eligible employee who requests such a leave of absence. If your employer illegally denies your leave request or retaliates against you for making such a request, you file a complaint with the United States Department of Labor or a lawsuit in federal court with the help of New Jersey employment lawyers.
When Can you Be Eligible for an FMLA Leave?
You are eligible for this leave if you work for an employer that has at least 50 employees within a 75-mile radius. Also, you should have worked for your employer for at least 1, 250 hours in the 12 months prior to taking leave to be entitled to an FMLA leave.
Proving an FMLA Case
If you decide to file an FMLA lawsuit, you need to prove your case. This means showing that you were entitled to leave and your employer denied your request. To prove retaliation, you should prove that you requested or took an FMLA leave and dealt with an adverse employment action associated with the use of your FMLA rights. These include imposing a penalty or extra work, putting you in a lesser position, or firing you.
Before you file a complaint, document what took place and gather supporting documents. Document your leave request in writing and the denial of your employer. This will assist your lawyer in filing a complaint on your behalf. When you win your case, you may be able to recover damages such as reinstatement, back pay, front pay, liquidated damages, as well as attorney’s fees and costs.
Why You Need an Employment Lawyer for an FMLA Lawsuit
If you want to take legal action against your employer for violating your FMLA rights, you must consult an experienced employment lawyer. Your attorney can determine whether you work for a covered employer, you are eligible for an FMLA leave, and if your employer violated the law. They can evaluate your case’s strengths and weaknesses by analyzing your circumstances and determine the best action to take. The Department of Labor may take time to investigate your complaint and may not pursue legal action for you. By retaining a lawyer, you have an expert working for you.
