FMLA Wrongful Termination
Both employers and employees alike need to understand employment laws, such as FMLA wrongful termination. Being aware of your employer's legal obligations can help you identify if they are in violation of federal or state employment laws.
When employers violate FMLA laws, it can lead to serious consequences for both the employee and employer. Our wrongful termination lawyers can provide legal counsel to protect your rights if your employer wrongfully terminated you while you were on FMLA leave.
Read on to learn more about how the FMLA provides protection against wrongful termination. Contact The Leach Firm, P.A. to schedule your free case evaluation with our reliable employment attorneys.
Federal FMLA Wrongful Termination Laws
Florida and Georgia are "at will" employment states. As an employee, you can leave your job at any time, and your employer can also end employment at any time without reason. Federal laws such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) provide protection against wrongful termination in "at will" states if you are dealing with medical conditions or circumstances that require time off work.
The Family and Medical Leave Act (FMLA) entitles eligible employees to up to 12 weeks of unpaid leave for several reasons, including:
- Birth, adoption, or foster care placement of a child
- A health condition that interferes prevents you from completing your job duties
- Caring for a family member with a serious health condition
If an employer retaliates or terminates your employment because you took time off in accordance with FMLA, it could qualify as wrongful termination.
How to Tell If Your Employer Is Violating FMLA Employment Laws
Requesting FMLA leave can cause tension between you and your employer. Your employer may even try to prevent you from taking FMLA leave from work.
If you request FMLA leave from work and your employer retaliates in one or more of the following ways, they may be in violation of employment laws:
- Your employers delay your FMLA time off or require longer than a 30-day notice.
- Your employer denies your FMLA time off request.
- Your employer requires you to work during your time off.
- There are negative consequences because of your time off request. (i.e., decreased pay, demotion, harassment).
- Your employer terminates your employment.
At The Leach Firm, P.A., our employment lawyers understand the complexities of employment laws and aim to help protect you against FMLA wrongful termination.
We provide comprehensive legal counsel and can file a wrongful termination claim with the Equal Employment Opportunity Commission on your behalf. In Florida, we have 300 days from the date of discrimination to file a claim. In Georgia, we only have 180 days, so don't hesitate to reach out to a lawyer to determine if you have a case.
Contact an Experienced Employment Lawyer Today
Our knowledgeable employment lawyers in Georgia and Florida can help you identify if your employer is violating FMLA, help you understand your rights, and provide legal guidance.
For help with an FMLA wrongful termination claim, contact us at (844) 722-7567 to schedule a free case evaluation with The Leach Firm, P.A.
Frequently Asked Questions About Wrongful Termination
A wrongful termination can fill you with confusion. Many of the individuals who reach out to us bring similar questions and concerns. Some of the most frequently asked questions we receive about wrongful termination include:
1. What is considered wrongful termination in Florida and Georgia?
Florida and Georgia share many of the same rules regarding termination. Employers may not terminate the employment of any individual due to factors protected by discrimination laws or for exercising their rights as employees, such as by reporting discrimination, making a worker’s compensation claim, or confronting a company about unpaid overtime or incorrect employee categorization. These are just a few of the many reasons that an employer is not permitted to fire someone. If you have been let go due to reasons such as these, you may have been wrongfully terminated.
2. Do employees have any rights in Florida and Georgia?
Employees in Florida and Georgia have a large number of rights in the workplace. These include the right to work while pregnant and not to be discriminated against on the basis of age, sex, religion, sexual orientation, marital status, color, national origin, or disability. Employees who make worker’s compensation claims, take leave due to sickness or family concerns, or even testify against the employer in court cannot be terminated for these actions.
3. Can I sue for being wrongfully terminated?
If you believe that you have been wrongfully terminated, you may pursue legal action against your employer. It is important that you gather as much evidence as possible, such as data indicating that all individuals of a certain nationality were fired while the rest of the employees were only warned. The specifics of each individual situation will vary greatly. Even if you cannot directly prove that an illegal action occurred during your termination, an employment lawyer may successfully persuade your employer to agree to a settlement in order to resolve the conflict.
4. Is it hard to prove wrongful termination?
Proving wrongful termination can be a particular challenge due to the fact that most employment is at-will. Employers are permitted to fire anyone at any time, even if their performance is satisfactory. This means that if a termination is challenged, an employer will likely cite a justifiable reason, such as unwillingness to be part of a team or being too slow to learn, in order to avoid legal trouble. Be sure to collect as much evidence as possible if you believe that you were terminated wrongfully.
5. How long do you have to file a wrongful termination lawsuit in Florida and Georgia?
In Florida, employees typically have 180 days from the date that the discriminatory or wrongful act occurred to file a lawsuit. In Georgia, the wording of the statute of limitations is slightly different; employees have 180 days from the date in which the party learned of the discrimination. In many cases, the date the employee learned about the discrimination and the date it occurred will be the same.
6. How long do wrongful termination cases take?
Just as a wrongful termination lawsuit settlement varies depending upon the details of the case, so too does the length of time that the case will take. Employers who are willing to settle in order to avoid conflict will typically resolve a case quickly. However, those who fight the charge may take the case to court, which can result in a longer time period due to discovery and other phases of the litigation process. Your attorney can provide a clearer understanding of how long you can expect your individual case to take.
Proven Legal Solutions from an Experienced Attorney
If your employer has provided you with a written contract or any other type of statement that guarantees your job security, then our attorney will fight for you and work to build a solid case. When your termination results in a breach of contract, the odds of receiving compensation increase substantially.
We strive to reach the most agreeable resolution possible for your specific case to ensure that you’ll receive the representation you deserve for your case.
Our Lawyer is Here to Represent Your Legal Rights
In cases where the agreement regarding your continuing employment with your employer was not written and was only implied or spoken, the grey legal area can be difficult to navigate. Fortunately, our lawyer knows how to approach such challenging situations. We fully dedicate all our attention to offering you the aggressive legal representation you need against unfair dismissal. By taking into account all of the unique factors involved with your case, we are able to properly determine the best course of action for your legal situation.
Depending on the circumstances surrounding your termination, our attorney may be able to prove that your employer has violated certain state or federal standards. We work by your side to achieve a fair result that works for you and never charge any fees unless we recover the compensation you deserve. Se Habla Español.
Whether you are in need of a wrongful termination attorney or any type of employment discrimination lawyer, we offer sound legal guidance for the representation you deserve. Contact our employment law attorney today at (844) 722-7567 to schedule a free consultation. We provide legal service to clients in Florida and Georgia.