Richmond FMLA Lawyers
Family & Medical Leave Act (FMLA) Claims & Disputes
Were you wrongfully terminated or discriminated against because you took a leave of absence from work? LawrenceQueen represents employees across the greater Richmond region who have been subject to workplace mistreatment in violation of the Family and Medical Leave Act (FMLA) and other employment law issues. Our Richmond FMLA attorneys are here to assert your rights and help you take legal action.
If your employer committed an FMLA violation, you may be able to recover any financial losses you experienced. You may also be entitled to compensation for emotional injuries or other losses, depending on the situation. When you contact our firm to arrange a confidential consultation, we can talk to you about what occurred, what options you have, and what compensation you may be entitled to receive.
To get started, give us a call at (804) 409-8689. We are compassionate, experienced, and ready to help.
Eligibility for FMLA Protections
Under the Family and Medical Leave Act, employees are entitled to up to 12 weeks of unpaid, job-protected leave for medical or family purposes, with their group health benefits maintained during that time. The FMLA applies to companies with 50 or more employees, all private agencies, and all public and private elementary schools and secondary schools in the U.S.
The following types of leave are covered by the FMLA:
- Serious medical conditions affecting the employee or an immediate family member
- The birth and care of a child
- The adoption or fostering of a child
An employee may be eligible for FMLA leave if they have worked for the company for a 12 month period and have accrued at least 1,250 hours of work during that time.
Your FMLA Rights
Under the FMLA, you have the right to an unpaid, job-protected leave of absence for up to 12 weeks. This means that, when you are ready to return to work, your employer must return you to your original position or an equivalent post, with the same benefits, pay, and seniority.
Your employer cannot fire you for taking qualifying FMLA leave. Employers also cannot retaliate against an employee in other ways (demotion, decrease in pay, etc.). Such an act is considered a case of FMLA discrimination.
When Your Employer Does Not Comply with the FMLA
If your requests for leave under the FMLA are being denied or you find yourself facing retaliation for taking your leave, you can take action.
You have the option to file a complaint with the Wage and Hour Division of the United States Department of Labor, who will conduct an independent investigation of your employer. You can also take your case to court directly.
Wrongful Termination for Taking FMLA Leave
Under the FMLA, employers are prohibited from firing an employee due solely to taking leave under the FMLA. Employees facing such wrongful termination could have a viable lawsuit against their employer.
The burden of proof is on the fired employee, however. Virginia is an at-will employment state, allowing employers to fire employees for any non-illegal reason without explanation. It can be complex to prove a case of wrongful termination due to FMLA leave.
Before taking any action, reach out to LawrenceQueen. Our FMLA attorneys can look over your unique circumstances and help you make the right choices in rectifying the wrongs of your employer. If litigation is your best option, we can help you get the compensation you deserve.
Find out if you are covered by the FMLA and what to do if your rights have been violated. Call a Richmond FMLA lawyer at (804) 409-8689 today.
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