What To Know When An Employer Retaliates Against You For FMLA Leave
Did you take time off from work that was allowed through the Family and Medical Leave Act, but you returned to work and faced retaliation from your employer? If so, you could have a viable lawsuit on your hands. Here is what you need to know about this type of lawsuit and FMLA law.
FMLA Laws Create A Presumption Of Guilt Against The Employer
One thing to be aware of when it comes to approved FMLA leave from work is that the law states that there is a presumption of guilt towards the employer if you are retaliated against. What this means is that if you were to take FMLA leave and were immediately fired upon returning to work, the assumption is that you were fired because you took the time off from work.
As an employee, it's wonderful to know that you have protection in this situation. The burden gets put on the employer to prove that you were retaliated against due to other circumstances that are not related to your FMLA leave. You would not need to prove that you were fired due to retaliation. If an employer does not have evidence because it is retaliation, it will be very difficult to prove why you were fired.
FMLA Lawsuits Can Be Filed Quickly
If you do find yourself in a situation where you have been retaliated against, know that the lawsuit against your employer can be done very quickly. This is because there is no need to go through the US Equal Employment Opportunity Commission. While this is normally a hurdle that employees have to go through when they have a grievance with their employer, this is not the case in an FMLA lawsuit. This gives you power as an employer because you can quickly file a lawsuit against them.
FMLA Lawsuits Can Have Big Payouts
If you do win in court with an FMLA retaliation lawsuit, know that it could have a big payout that will make the lawsuit worth it. You'll be able to recover the amount of pay that you lost from when you were fired from your job to the day that the judgment in the case is made. You'll also receive future lost wages, since you will likely not find a new job right away. You are also eligible to receive liquidated damages, which is essentially doubling the amount of your lost wages because the employer didn't act in good faith.
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