Family Medical Leave Act

If your employer fires you or discriminates against you for taking protected medical leave, you may have grounds for recovering in a lawsuit against your employer. If you can show that you were fired or harassed for taking time off for being sick, attending the needs of a sick loved one, or for taking time off after the loss of a loved one, you may be able to prevail in a lawsuit and recover damages from your employer.

For FMLA recovery, you must have worked for your employer for at least 12 months if it is a private employer. For a public employer, you already qualify. You also aren’t likely to have direct evidence – I’m firing you because you called out for a surgery! – so you will need to have as much in writing around the circumstances as possible to build your claim. If you feel you suffered adverse consequences from your employer for taking federally protected medical leave, contact us today!