Termination while on FMLA Leave

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Were you terminated while you were on leave under FMLA? If so, you might have been left with many unanswered questions. Could employers terminate employees if they are taking FMLA leave? Was your termination legal? Could you do anything after being illegally terminated because you were taking leave under FMLA? If you were terminated while on leave, it is possible that your termination was illegal. If you would like to explore the possibility of taking action against your employer for wrongful termination, do not hesitate to seek legal assistance as soon as possible.

The employment experts at California Labor Law Employment Attorneys Group are ready to provide you with the legal assistance that you need to take action against your employer. Our employment attorneys have many years of experience and are ready to provide you with the information that you need for a successful termination claim. If you would like to discuss your current situation with the employment attorneys at our law firm, do not hesitate to contact our law firm and request to speak with our attorneys.

About FMLA

The Family and Medical Leave Act (FMLA) makes employees eligible to take unpaid leave for a number of reasons. Under FMLA, employees are entitled to 12 weeks of leave (in a 12 month period) for all of the following: the birth of a child, the adoption of a child, the care for a family member with a serious medical condition, the employees’ serious health condition, or any qualifying military reason. Under FMLA, some employees are also eligible for 26 weeks of military caregiver leave. For more information about FMLA, do not hesitate to contact our experts as soon as possible.

Can My Employer Fire Me While I’m on FMLA Leave?

While on FMLA leave, it is illegal for your employer to terminate you for discriminatory reasons or reasons that infringe your basic rights as an employee. It is also illegal for an employer to terminate an employee simply because he or she is on leave. However, employees who are taking leave under FMLA can still be terminated for a number of lawful reasons. In other words, employers can terminate their employees on FMLA when there are legitimate reasons for termination. Some of these reasons include the following: poor performance, failure to meet goals, issues revolving the employee during his or her leave, or prohibited conduct while on leave, for example.

So, can you be fired while on FMLA leave? The short answer is yes; however, there are only a few reasons that would make the termination lawful. Unfortunately, many employers terminate their employees taking leave under FMLA for illegal reasons. If you believe that you were terminated illegally while you were on leave, do not hesitate to seek legal assistance as soon as possible. The employment attorneys will provide you with guidance necessary to help you better understand what you could do after being illegally terminated while on FMLA leave.

Your Options after being Terminated while on FMLA Leave

Without a doubt, the termination that you suffered while you were on FMLA leave could have been wrongful. Because of that, you likely have grounds to sue and receive compensation. What can you do after being terminated? What are your options? Without a doubt, you have options; consider the following information:

  • Terminated employees could seek assistance from the EEOC.
  • Terminated employees (in California) could seek assistance from the DFEH.
  • Terminated employees could pursue civil lawsuits against their employers after being granted the right to sue from a federal or state employment agency.

For more in-depth information of what you could do after being terminated during your FMLA leave, do not hesitate to contact the employment experts at California Labor Law Employment Attorneys Group as soon as possible. Our employment attorneys are ready to provide you with all the information that you need.

Could I Recover Compensation?

I was terminated while I was taking leave under FMLA; could I recover compensation? If your termination can be proved unlawful, you will likely have grounds to receive compensation. Without a doubt, you likely have many questions regarding the specific compensation that you could recover. How much compensation could I recover if I was terminated while on FMLA leave? What type of compensation could I receive after a termination during FMLA leave? These questions are perfectly valid. Without a doubt, the type and amount of compensation available for recovery are both important details to claimants. After all, the compensation available for recovery could alleviate some of the financial burden associated with your termination – and help you move forward with your life.

Although all claims are different, claimants are sometimes eligible to recover some of the following types of compensation:

  • Lost wages: compensation for the income that you lost as a direct result of your termination, including back pay and front pay.
  • Lost benefits: compensation for the benefits that you lost as a direct result of your termination, including health insurance, life insurance, and retirement benefits, for example.
  • Pain and suffering: compensation for the mental and emotional distress directly caused by the termination.
  • Punitive damages: compensation awarded as a form of punishment to the defendant to deter similar incidents from occurring in the future.

Would you like to learn more about the specific type and amount of compensation that you might be eligible to recover if you take action against your employer? If so, it is essential that you seek legal assistance with the employment experts at California Labor Law Employment Attorneys Group as soon as possible. The labor law experts at our law firm are ready to fight for your right to recover the maximum amount of compensation available for your claim. Do not hesitate to contact our law firm today.

Is my Claim Subject to Timelines or Deadlines?

All claims are subject to very specific timelines – employment claims are not the exception. On the contrary, employment claims are generally subject to shorter and stricter timelines. The specific deadline that applies to your claim depends on the action that you are pursuing. Consider the following points:

  • The EEOC allows 180 days for employees to file charges against their employers.
  • The EEOC allows 300 days for employees to file charges against their employers if a state employment agency exists (Californian claimants would be subject to this timeline).
  • The EEOC allows 90 days after granting the right to sue for claimants to pursue civil lawsuits against their employers.
  • The DFEH allows 1 year for employees to file charges against their employers.
  • The DFEH allows 1 year after granting the right to sue for claimants to pursue civil lawsuits against their employers.

Why are these timelines so important? Unfortunately, if you fail to file your claim within the appropriate timeline, you will likely lose your right to take action. If you would like to learn more about the specific timelines that likely apply to your claim, do not hesitate to contact the employment experts at California Labor Law Employment Attorneys Group at your earliest convenience.

Who Should I Contact?

You were terminated while you were on leave protected by law; undeniably, you have the right to take action against your employer. It is important for you to seek legal assistance as soon as possible – preferably with employment experts. If you were terminated while you were on leave under FMLA, you should contact the employment experts at California Labor Law Employment Attorneys Group as soon as possible. California Labor Law Employment Attorneys Group is an employment law firm with many years of experience handling a variety of employment claims, including termination claims. If you believe that you were wrongfully terminated while you were on FMLA leave, you must seek legal assistance as soon as possible. The employment attorneys at California Labor Law Employment Attorneys Group are ready to provide you with all the information that you need to pursue your claim. If you would like to discuss your claim with the experts at California Labor Law Employment Attorneys Group, do not hesitate to contact our firm today.

Our firm offers both free consultations and free second opinions – ensuring that all victimized employees have access to our legal services. During our free consultations and free second opinions, our employment lawyers will be available to provide you with all the information that you need. Our experts will answer all your questions and address all your concerns. Regardless of whether you want to start your claim or you want to redirect your claim due to the incompetence of a previous attorney, you could be certain that our experts are ready to provide you with the guidance that you need to reach a successful claim outcome. If you would like to discuss your claim with the experts at California Labor Law Employment Attorneys Group, do not hesitate to request to meet with our attorneys.

The free consultations and free second opinions discussed above are available as part of our Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients never have to worry about having to pay any upfront legal fees for any of our legal services. Our firm is also based on contingency – our clients will never have to pay anything until after their claims are successful. If you are ready to discuss your FMLA termination claim with the experts at our law firm, do not hesitate to contact us today.