Pasadena FMLA Lawyer

Pasadena FMLA Attorney

Pasadena workers seeking leave are often protected by the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). They may be eligible for time off to care for a seriously ill family member or for a birth or adoption. Both laws require employees to return to their same job or comparable work. If your employer refuses your leave or takes adverse employment action against you, it’s important to consult a Pasadena FMLA lawyer.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees with unpaid and job-protected leave for up to 12 weeks each year for specific family and medical reasons. These reasons include childbirth or adoption, a serious health condition, or caring for a family member with a severe health condition.

Employers are prohibited by law from taking any adverse action against an employee who exercises their FMLA rights by either requesting or taking leave from their job.

Steps To Take if Your FMLA Rights Were Violated

If you believe your employer violated your rights as an employee in Pasadena, you can take the following steps:

• Document everything that could be relevant.
• Save and copy texts, emails, or any other communications with your employer.
• Report the issue through your internal reporting requirements, which often involves reporting the violation to your manager or Human Resources department.
• Keep a record of your report and your employer’s response.

Preserving evidence yourself can help build a strong case that proves your employer potentially violated your FMLA rights. You may also want to document any instances of your company taking adverse employment actions against you, which is called retaliation.

Some Hypothetical Examples of FMLA Retaliation

In Pasadena, it’s unlawful for employees to retaliate against employees who request or take FMLA-protected leave. Some hypothetical examples of FMLA-related retaliation could include:

• An employee being terminated after requesting leave to recover from surgery. An employee could submit a request for leave and be fired shortly thereafter. Their employer might cite “performance issues” that were never discussed before the request for leave.
• An employee is demoted upon return from leave. A Pasadena worker takes leave to help a sick parent, and when they return, they’re demoted to an entry-level position with significantly lower pay because of “business needs.”
• Reduced hours. An employee uses leave to manage their chronic health condition, and they take a few days off each month as necessary. Once they return from one of their FMLA-related absences, their supervisor cuts their hours from full-time to part-time and says they need someone who can be more “reliable.”
• An employee faces a hostile work environment. An employee takes FMLA leave after the birth of their child, and upon returning to work, their supervisor starts excessively criticizing their work, assigning undesirable work shifts, or making statements like, “You should have stayed on your vacation if you can’t keep up.”
• An employee is denied a promotion. An employee seeks a promotion but also asks for FMLA leave to care for a spouse before the promotion decision is made. When they return, they are denied the promotion, which is given to a less-qualified colleague who “didn’t leave” during the promotion decision period.

These are hypothetical scenarios designed to address adverse employment actions and retaliation, which are prohibited by the FMLA. If your FMLA rights were potentially violated, it’s critical to speak with a trusted Pasadena FMLA lawyer.

Reasons To Talk to a Lawyer

An experienced employment lawyer in Pasadena can provide invaluable advice specific to your situation and help with filing an FMLA violation claim. They can help negotiate settlements, represent your interests in court, address any concerns you may have, and answer any important FMLA-related questions.

FAQs

What Are Some Examples of FMLA Retaliation?

Some examples of FMLA retaliation include reprimanding an employee, giving a poor performance evaluation, being transferred to a less desirable position or undesirable shifts, physical or verbal abuse, threatening to or actually reporting to authorities, increased scrutiny, making the employee’s work more difficult, spreading false rumors, or treating their family member poorly.

If you’ve experienced workplace retaliation after requesting or taking FMLA leave, consult an attorney.

What Types of Conditions Are Covered Under FMLA?

Under the FMLA, employees eligible for FMLA leave can take job-protected leave due to a serious medical condition or to help care for an immediate family member with a medical condition. Typically, leave is provided to help with conditions that cause an inability to work for a period of time, such as heart attacks, Alzheimer’s disease, terminal diseases, cancer, strokes, pregnancy and childbirth, or severe injuries.

What Type of Pasadena Lawyer Can Help Me With an FMLA Violation?

For reliable legal help with an FMLA case in Pasadena, it’s important to consult a labor and employment lawyer with substantial experience resolving FMLA-related issues. Labor and employment lawyers routinely focus on a variety of employment cases, and they can assist with protecting your FMLA rights. They can discuss any FMLA concerns you might have and help maximize your recovery if your employer violated your FMLA rights.

If I Use My FMLA Leave, Is It Confidential?

Yes, it is confidential if you use your FMLA leave. Your employer must keep your healthcare records confidential under FMLA. They’re also required to keep your records in files separate from your personnel file. They must know if you need to be away from your job and if you need accommodations or have work duty restrictions when you return.

Your employer can’t interfere with your FMLA leave, and they can’t threaten to share or share your medical information to discourage you from taking leave.

Contact Nosratilaw, A Professional Law Corporation Today

If your Pasadena employer potentially violated your FMLA-protected rights, contact Nosratilaw, A Professional Law Corporation right away. We can investigate your claim and pursue the maximum recovery to which you’re entitled.

Located in Century City in Los Angeles, our law firm in Century Park Plaza has plenty of convenient parking just off Century Park East. The I-405 (San Diego Freeway) and I-10 (Santa Monica Freeway) are major freeways in the area. Contact Nosratilaw, A Professional Law Corporation to set up an initial consultation with an attorney.