Los Angeles FMLA Retaliation & Discrimination Lawyers
Fired or Punished for Taking FMLA Leave?
The Family and Medical Leave Act (FMLA) is a federal law that protects eligible employees who need to take unpaid leave for serious medical conditions, the birth or adoption of a child, or to care for a family member. When employers fire, demote, or discriminate against workers for exercising their FMLA rights, that is illegal, and they can be held accountable.
At Nosrati Law, we represent employees throughout Los Angeles and Southern California who have suffered retaliation, wrongful termination, or discrimination for taking FMLA leave.
You took leave you were legally entitled to; your employer has no right to punish you for it. Let our FMLA retaliation attorneys in Los Angeles advocate for you. We know how to build these cases, and we fight aggressively for the people we represent.
Our Results in FMLA Retaliation Cases
Reasons to Call Nosrati Law
- We have decades of experience handling FMLA retaliation cases
- We've won tens of millions of dollars in compensation for our clients
- We only represent employees, never employers or corporations
- We don't charge any legal fees unless we win your case
- Our legal team offers services in English, Spanish, and Farsi
- We have over 100 five-star reviews on Google
If you have reason to believe you were retaliated against for taking FMLA leave, call our attorneys at Nosrati Law today. We can review your case for free and help you understand your options: (323) 784-0643.
What Is FMLA Retaliation?
FMLA retaliation occurs when an employer takes an adverse action against an employee, such as termination, demotion, or a pay cut, because that employee exercised their FMLA rights. This includes taking FMLA leave or simply requesting it.
The Family and Medical Leave Act prohibits both interference (preventing or discouraging employees from using FMLA leave) and retaliation (punishing employees for using it). If your employer took action against you that is connected to your FMLA leave, you may have grounds to file a lawsuit. Our lawyers at Nosrati Law can evaluate your case and advise you of your options.
Common Signs of FMLA Retaliation & Discrimination
Any adverse action can constitute retaliation if it's taken because you used or requested FMLA leave. These claims are often time-sensitive, so it's important to speak with an attorney as soon as you notice warning signs.
Common forms of FMLA retaliation include:
- Termination or wrongful firing upon returning from leave
- Demotion or reduction in job responsibilities
- Wage or hour reductions
- Loss of career advancement opportunities
- Being passed over for promotions after returning from leave
- Increased scrutiny or discipline after taking leave
- Being isolated, sidelined, or excluded from projects and meetings
- Harassment or hostility related to your leave
Termination During or After FMLA Leave
One of the most serious forms of FMLA retaliation is termination. Employers sometimes fire employees the moment they return from leave, or in anticipation of a leave request, hoping it will be difficult to prove the connection.
At Nosrati Law, we can conduct a thorough investigation into the timing of the termination relative to the leave, look for patterns of adverse treatment, and build the case around direct and circumstantial evidence linking your firing to your FMLA use. We will keep you informed throughout the process and advise you on the best strategy to protect your interests.
It is important to note that an employer still has the right to terminate an employee for a legitimate reason that is genuinely unrelated to FMLA leave. However, that defense has limits, and when the timing is suspicious, courts take a hard look at the employer's stated justification.
Your Rights Under the Family and Medical Leave Act
Who Is Covered by FMLA Protections?
The FMLA does not cover all employees or all employers.
You may qualify for FMLA protections if:
- Your employer has 50 or more employees for at least 20 workweeks in the current or prior year
- You have worked for that employer for at least 12 months
- You have worked at least 1,250 hours during the previous 12-month period
- You work at a location where 50 or more employees are employed, or within 75 miles of such a location
Public agencies, including government bodies, school systems, and state and federal employers, are also covered, regardless of size. Additionally, fathers are entitled to the same protections as mothers when taking time off to bond with a child.
What Conditions Qualify for FMLA Leave?
If you are eligible under the criteria above, you are entitled to up to 12 weeks of unpaid, job-protected leave per year.
Employees are eligible to take FMLA leave for:
- A serious health condition that prevents you from performing your job
- Pregnancy, childbirth, or related conditions
- Bonding with a newborn, newly adopted child, or newly placed foster child
- Caring for a spouse, parent, or child with a serious medical condition
- A qualifying exigency related to a family member's active military duty
Employees with a family member in the armed forces may also be entitled to up to 26 weeks of unpaid leave to care for a covered servicemember with a serious injury or illness.
To take FMLA leave, an employee must generally provide at least 30 days' notice when the need is foreseeable, or as much notice as is practicable when it is not. Employees are entitled to have their health benefits maintained during their leave and to be reinstated to the same or a comparable position upon return.
Your Rights During FMLA Leave
Many employees don't realize how broad their protections are while on FMLA leave.
Your employer:
- Cannot require you to provide medical records to prove a serious medical condition (a healthcare certification is sufficient)
- Cannot ask you to cut your leave short if you have proper certification of your condition
- Cannot require you to return to work on light-duty assignments as a condition of reinstatement
- Cannot restrict your activities during leave (subject to the normal conduct rules of employment)
- Cannot deny you reinstatement to the same or an equivalent position when your leave ends
If your employer violated any of these rights, you may have an FMLA interference claim in addition to, or separate from, a retaliation claim.
Contact Our Los Angeles FMLA Retaliation Attorneys
Retaliation or discrimination for taking legally protected medical leave is against the law, and Nosrati Law is here to fight back on your behalf. We represent employees exclusively, handle every FMLA retaliation case on a contingency fee basis, and have spent more than 40 years combined standing up for workers throughout Southern California.
If you were fired, demoted, or treated differently after taking FMLA leave, call (323) 784-0643 for a free consultation with our FMLA discrimination lawyers in Los Angeles. No recovery, no fee.
Common Questions
About FMLA Retaliation & Discrimination
-
Can my employer fire me while I'm on FMLA leave?In most cases, no. The FMLA prohibits termination because an employee is using FMLA leave. However, if your employer can show a legitimate, non-retaliatory reason for the termination that would have occurred regardless of your leave, such as a company-wide layoff, the termination may still be lawful. Our attorneys can help you evaluate whether the stated reason holds up.
-
What if my employer says I wasn't eligible for FMLA leave?Eligibility disputes are common in FMLA cases. Your employer may try to claim you hadn't worked the required hours or months, or that the company doesn't meet the 50-employee threshold. These claims should be verified carefully, as errors are common. Additionally, California employees may have separate rights under the CFRA, which has different eligibility standards.
-
What if the retaliation was subtle, not an outright firing?FMLA retaliation doesn't have to be a termination to be actionable. Demotions, schedule changes, reduced hours, negative performance reviews, or even being excluded from meetings after returning from leave can all constitute retaliation if they are connected to your use of FMLA leave.
-
How do I prove my employer retaliated against me for using FMLA?Timing is often the most powerful evidence; an adverse action that closely follows a leave request or return from leave raises immediate suspicion. Other evidence includes shifting explanations from the employer, a history of positive performance reviews before the leave, and statements made by supervisors or HR about the leave. Our attorneys know how to investigate and build this evidence.
-
Does California offer any additional protections beyond the FMLA?Yes. The California Family Rights Act (CFRA) mirrors many FMLA protections and, in some cases, provides broader coverage. California employees who don't qualify under the FMLA may still be protected under the CFRA or other state laws. Our attorneys can assess all available claims under both federal and state law.
Meet Our Team
Exclusively Employment Law. Exclusively for Employees.
Our Satisfied Clients
-
“In a world of employment attorneys who do a disservice to their profession, Omid consistently bucks this trend and prosecutes only the cases he believes in and clients that he trusts.”- Industry P.
-
“If you are in search of the best look no further. I couldn't be more please with my experience at the Law Office of Omid Nosrati.”- Wendy H.
-
“This was my second experience ever needing representation and Omid and his team exceeded all expectations. There were so responsive and attentive i felt like I was the one not responding fast enough.”- Jack Y.
-
“My case was resolved in less than a year. I was very happy with the outcome. I was provided with detailed information on how my case would progress and the most likely outcome.”- Shawn G.
-
“I would 100% recommend and use his services again in the future if i were ever in need.”- Kenneth I.
-
“I am happy with the results ! If you want a Lawyer that goes that extra mile ...Omid Nosrati is the Lawyer your looking for ... Thank you Law office of Omid Nosrati!”- Rolando S.
-
“They had excellent communication skills, had great attention to my case, responded quickly, attentive and kept me updated at all times during the long process.”- Former Client
-
“Not only was he able to defend me from wrongful termination, his calm and empathetic demeanor offered emotional succor to myself and those I care about most.”- Former Client
In The News
