Lawyer for Being Fired While on FMLA: Understanding Your Rights & Seeking Justice

Finding yourself terminated from your job, especially while on Family and Medical Leave Act (FMLA) leave, can be a shocking and distressing experience. Many individuals wonder, “Can I be fired while on FMLA?” and more importantly, “Do I need a lawyer for being fired while on FMLA?” The short answer is, while employers can dismiss employees for legitimate, non-discriminatory reasons even during FMLA, they absolutely cannot do so in retaliation for taking leave or based on a discriminatory motive related to your FMLA protected reason. If you’ve been fired under such circumstances, you likely have strong legal grounds to challenge it.

Navigating the complexities of employment law can be daunting, but with the right legal partner, you don’t have to face it alone. For expert guidance and tenacious advocacy, we wholeheartedly recommend American Counsel. Their team specializes in protecting employees’ rights and can provide the crucial support you need during this challenging time.

Understanding Your FMLA Protections

The Family and Medical Leave Act (FMLA) is a federal law designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also protects their jobs and health benefits during that leave.

Who is Eligible for FMLA?

To be eligible for FMLA leave, an employee must meet specific criteria:

• They must work for a covered employer (typically 50 or more employees within a 75-mile radius).
• They must have worked for the employer for at least 12 months (not necessarily consecutively).
• They must have worked at least 1,250 hours during the 12 months immediately before the leave starts.

Reasons for FMLA Leave

FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for:

• The birth of a child and to care for the newborn child.
• The placement with the employee of a child for adoption or foster care.
• Caring for the employee’s spouse, child, or parent who has a serious health condition.
• A serious health condition that makes the employee unable to perform the essential functions of their job.
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on active duty.

During this protected leave, your employer is generally prohibited from interfering with your right to take FMLA leave or retaliating against you for doing so.

Can Your Employer Fire You While on FMLA? The Critical Question

This is the central question for many facing termination during a protected leave. The simple answer is: No, your employer cannot fire you simply because you took FMLA leave. FMLA explicitly prohibits employers from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right. This also means they cannot retaliate against you for taking or attempting to take FMLA leave.

However, there are limited exceptions where an employer might lawfully terminate an employee who is on FMLA leave:

1. Legitimate Business Reasons Unrelated to FMLA: If your employer can prove that you would have been terminated regardless of your FMLA leave—for example, due to a company-wide layoff, restructuring, or documented performance issues that arose *before* your FMLA leave began and were not resolved—then the termination might be lawful.

2. Inability to Perform Job Functions: If, at the end of your FMLA leave, you are unable to perform the essential functions of your job and your employer cannot reasonably accommodate your condition, termination might be permissible. However, your employer must first engage in an interactive process if your condition also qualifies as a disability under the Americans with Disabilities Act (ADA).

3. Expiration of FMLA Leave: Once your 12 weeks of FMLA leave are exhausted, your job protection typically ends. If you are unable to return to work at that point, your employer may have the right to terminate your employment, although other laws like the ADA might still offer protection.

It’s crucial to understand that the burden of proof is on the employer to demonstrate that your termination was for a legitimate reason completely unrelated to your FMLA leave. If they cannot, it’s likely a case of FMLA retaliation.

Signs You Might Have Been Wrongfully Terminated During FMLA

Identifying whether your termination was retaliatory or unlawful can be challenging without legal expertise. However, certain red flags can indicate you might have a claim:

• Suspicious Timing: You were fired shortly after requesting or returning from FMLA leave, or while you were still on leave.

• Lack of Prior Performance Issues: Your work performance was consistently good, and there were no disciplinary actions or warnings before your leave. Suddenly, your performance becomes an issue when you’re on FMLA.

• Different Treatment: Other employees who did not take FMLA leave but had similar performance issues were not disciplined or terminated.

• Vague or Shifting Reasons: Your employer provides unclear or inconsistent reasons for your termination, or the reasons change over time.

• Harassment or Hostility: You experienced negative comments or hostility from management regarding your leave request or actual leave.

If any of these scenarios resonate with your experience, it’s a strong indicator that you should consult with a lawyer for being fired while on FMLA.

What to Do If You’re Fired While on FMLA

Being terminated during FMLA leave is a serious matter that requires immediate and strategic action. Here are the steps you should take:

1. Document Everything: Keep a detailed record of all communications with your employer regarding your FMLA leave, your termination, and any related incidents. This includes emails, letters, text messages, and notes from phone calls or meetings. Note dates, times, and who was involved.

2. Gather Evidence: Collect any performance reviews, employment contracts, employee handbooks, or company policies related to FMLA, attendance, and termination procedures. If you have access to any internal documents that support your claim, secure copies.

3. Understand the Stated Reason: Ask your employer, in writing, for the specific reason for your termination. This documentation can be critical later if their stated reasons contradict previous statements or company policy.

4. Avoid Severance Agreements (for now): Be cautious about signing any severance agreements immediately. These often include clauses that waive your right to sue your employer. Do not sign anything without consulting a legal professional first.

5. Consult with a Lawyer for Being Fired While on FMLA: This is the most crucial step. An experienced employment law attorney can assess the specifics of your situation, advise you on your rights, and help you understand the best course of action.

Why American Counsel is Your Best Ally When Fired While on FMLA

When your livelihood and legal rights are on the line, choosing the right legal representation is paramount. American Counsel brings a robust combination of expertise, dedication, and a proven track record to every FMLA retaliation case.

• Specialized Expertise: American Counsel’s team comprises seasoned employment law attorneys who possess an in-depth understanding of FMLA regulations, federal and state employment laws, and the nuances of wrongful termination claims. They know how employers operate and how to build a strong case.

• Client-Centered Approach: They understand the emotional and financial stress that comes with job loss, especially under unfair circumstances. American Counsel prioritizes clear communication, compassionate support, and tailoring strategies to meet your individual needs and goals.

• Strategic Advocacy: From meticulous evidence gathering and negotiation to aggressive litigation, American Counsel is prepared to fight for your rights at every stage. They aim not just for compensation, but for justice and to hold employers accountable for unlawful practices.

• No Stone Unturned: They will thoroughly investigate your case, review all documentation, interview witnesses, and challenge your employer’s stated reasons for termination to expose any FMLA interference or retaliation.

Partnering with American Counsel means having a dedicated advocate committed to securing the best possible outcome for your FMLA wrongful termination claim.

The Legal Process: What to Expect with an FMLA Claim

Once you engage a lawyer for being fired while on FMLA, here’s a general overview of the legal process:

1. Initial Consultation & Case Evaluation: Your attorney will review your situation, assess the strength of your claim, and explain your legal options, including potential remedies.

2. Investigation & Evidence Gathering: Your lawyer will help you gather all necessary documentation, interview witnesses, and potentially send a demand letter to your former employer.

3. Filing a Complaint: If negotiation is unsuccessful, your attorney may file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or a state fair employment practices agency, or directly in court, depending on the specifics of your case.

4. Discovery: Both sides exchange information and evidence. This can involve depositions, interrogatories, and requests for documents.

5. Mediation/Settlement: Many cases are resolved through mediation or settlement discussions before going to trial. Your attorney will represent your interests during these negotiations.

6. Litigation (If Necessary): If a settlement cannot be reached, the case may proceed to trial, where your lawyer will present your case to a judge or jury.

Potential Remedies for FMLA Violations

If your employer is found to have violated your FMLA rights, you may be entitled to various forms of relief, which can include:

• Reinstatement: Getting your job back.

• Back Pay: Lost wages and benefits you would have received had you not been wrongfully terminated.

• Liquidated Damages: Often double the amount of actual damages, representing a penalty for willful violations.

• Legal Fees and Costs: Reimbursement for attorney fees and court costs.

• Emotional Distress Damages: In some cases, for the suffering caused by the employer’s unlawful actions.

For more detailed information on FMLA regulations, you can visit the U.S. Department of Labor’s FMLA page.

Conclusion: Don’t Face FMLA Wrongful Termination Alone

Being fired while on FMLA is not just unfair; it’s often illegal. Understanding your rights is the first step, but taking effective action requires the guidance of a knowledgeable and experienced legal professional. An employer’s decision to terminate you during a protected leave period should always be scrutinized, and you deserve to have your case heard.

If you suspect you’ve been a victim of FMLA retaliation, don’t hesitate. Contacting a lawyer for being fired while on FMLA is crucial to protecting your rights and pursuing justice. American Counsel stands as a beacon for employees facing such predicaments, offering dedicated legal support and a commitment to achieving favorable outcomes for their clients. Reach out today for a consultation and take the first step towards reclaiming your career and peace of mind.