The Family and Medical Leave Act (FMLA) is a vital law that grants employees the right to take unpaid leave for medical or family reasons without the risk of losing their job. However, despite these protections, some employees may still face retaliatory actions from their employers after requesting or taking FMLA leave. If you find yourself in a situation where your job is at risk after taking FMLA leave, it’s important to understand what FMLA retaliation is, how it manifests, and the steps you can take to protect your rights.
What Is FMLA Retaliation?
FMLA retaliation occurs when an employer takes adverse action against an employee for exercising their right to take medical or family leave under the FMLA. This action can include firing, demoting, or disciplining an employee as a direct result of taking FMLA leave. While the law is clear that employees cannot be retaliated against for using FMLA leave, it’s important to note that employers often try to cover up their retaliation by using pretext or false reasons for their actions.
Common Signs of FMLA Retaliation
FMLA retaliation can be subtle, and employers may attempt to hide their motives behind seemingly legitimate business decisions. Here are some common signs that you may be experiencing retaliation for taking FMLA leave:
- Termination Before or After Leave: In some cases, employers may terminate an employee shortly before they are about to take FMLA leave, such as for surgery or childbirth. This could be a clear example of retaliation disguised as a business decision. Employers may not directly admit that they are terminating you because of your leave, so they create a pretext—a false reason for your termination—to cover their tracks.
- Heightened Scrutiny While on Leave: Another common form of FMLA retaliation is when an employer starts excessively scrutinizing an employee’s performance or behavior while they are out on leave. For example, you might suddenly receive criticism for work that was completed before you took leave or be subjected to performance reviews that are unusually harsh compared to other employees.
- Disciplinary Actions or Termination After Returning from Leave: Some employers will attempt to discipline or terminate an employee after they return from FMLA leave, even if the reason for the discipline or termination is based on events that occurred prior to taking the leave. This tactic can be used to create a pretext to terminate the employee under the guise of “poor performance” or a “violation of company policy.”
What Should You Do if You Suspect FMLA Retaliation?
If you believe your employer is retaliating against you for taking FMLA leave, it’s crucial to take action to protect your rights. Here are some steps you can take:
- Document Everything: Keep detailed records of any interactions with your employer regarding your FMLA leave and any incidents of retaliation. This could include emails, written communications, performance reviews, and notes from meetings. Documentation will be key if you decide to take legal action.
- File a Written Complaint: If you believe you’re being retaliated against, file a written complaint with your employer’s human resources department or upper management. This can help prevent the retaliation from escalating and make your employer aware that you are aware of their actions. Even if nothing changes, having a written record will support your case if you need to pursue a legal claim.
- Consult an Employment Lawyer: If your employer follows through with retaliatory action after you have raised concerns, it may be time to consult a Chicago employment lawyer. A lawyer who specializes in FMLA retaliation cases can help you understand your legal rights, evaluate your situation, and guide you through the process of filing a claim.
The Importance of Legal Support
If you’re facing FMLA retaliation, it’s essential to have an experienced attorney on your side to help you navigate the complexities of the law. Lawyers who specialize in employment law can help you gather evidence, file a formal complaint, and take the necessary steps to protect your career. An attorney can also assist with pursuing compensation if you’ve suffered damages due to wrongful termination, lost wages, or emotional distress caused by retaliation.
At Martoccio Law Group, we are committed to representing employees who have been wronged by their employers. If you believe that you are a victim of FMLA retaliation, don’t wait to seek legal help. Visit our FMLA Retaliation page for more information on how to proceed and protect your rights.
