FMLA Violations in Long Beach: Were Your Rights Violated?

The federal Family and Medical Leave Act (FMLA) allows workers to take unpaid time off from work for a variety of reasons. Yet, employers sometimes punish their employees who request leave. If you believe you’ve been the subject of FMLA violations in Long Beach, you should learn about some common violations, what you should do if your rights were violated, and your potential legal remedies.

The FMLA and the CFRA

Under federal law (FMLA) and state law, California Family Rights Act (CFRA), employees across California can take job-protected leave. The CDC reports that approximately 194 million Americans suffer from chronic medical conditions. The laws allow you to return you to the same or comparable job with the same duties, benefits, and pay when you return.

Access to FMLA leave is available to about thirty-one percent of the private-sector workforce. FMLA leave can be used for:

• Personal medical care
• Family caregiving
• Welcoming a new child
• Addressing the needs of your family due to their military deployment overseas

To qualify for twelve weeks of FMLA leave, employees must have completed at least 1,250 hours of work over the past twelve months with an employer that has 50 or more staff members. Contact a knowledgeable attorney familiar with qualifying for FMLA and CFRA leave.

Common FMLA and CFRA Violations

Violations may occur before, during, or after your leave. Common examples include:

• Denial of eligible leave
• Retaliation or harassment for requesting leave through demotions, pay cuts, or negative performance reviews
• Failure to reinstate
• Interference with your leave or pressuring you to work while on leave
• Insurance lapses

What To Do If Your Employee Rights Were Violated

If your rights were violated, there are important steps to take to protect your federal and state rights. These include:

• Documenting everything by keeping a personal log of all interactions, including emails, meeting notes, and medical certifications submitted to your employer
• Requesting a written explanation if your leave is denied
• Filing a formal complaint with the Department of Labor or the California Civil Rights Department (CRD)
• Contacting an attorney in Long Beach familiar with FMLA violations who can discuss whether you qualify for leave and what your remedies are if your rights were violated

Potential Legal Remedies

Meet with a knowledgeable lawyer about your potential FMLA violation. Every case is unique, but if you have a successful claim against your employer, you may be entitled to damages, including:

• Reinstatement to your previous or an equivalent job, depending upon your specific employment goals
• Back and front pay for lost wages and employment benefits
• Damages, depending upon your available compensation, based on your specific situation
• Reimbursement for your legal costs and attorney’s fees

Contact an attorney for legal support. They can evaluate whether you suffered a FMLA violation in Long Beach, if your employee rights were violated, and what damages are available.

FAQs

What’s the Most Common FMLA Violation?

The most common FMLA violations are usually denials of valid employee requests for leave, even when they meet all eligibility criteria, retaliation and harassment claims, like punishing workers for seeking leave through reduced hours, or failure to reinstate them to their prior position after returning from FMLA leave.

If you’ve experienced any of these FMLA violations, speak with an experienced attorney familiar with FMLA violations to discuss your rights immediately.

Can I Get Compensated for My Pain and Suffering After an FMLA Violation in California?

Yes, you can generally receive compensation for a successful claim for your pain and suffering if your rights are violated in California. This is typically handled with a claim under state law via a CFRA violation rather than an FMLA violation claim. California’s CFRA specifically allows for compensatory damages, which include pain and suffering and emotional distress. Contact a lawyer for more information about recovering pain and suffering damages.

What Kind of Long Beach Lawyer Can Help Determine if My FMLA Rights Were Violated?

If you believe your FMLA rights were violated, an employment law lawyer with experience handling FMLA violation claims can provide reliable assistance and comprehensive legal support. When you partner with a knowledgeable employment lawyer, they can review your specific situation, determine whether you were eligible for FMLA leave, and discuss whether your employer violated your rights.

Do I Have to Hire a Lawyer for an FMLA Violation?

While you are not required to hire a lawyer for an FMLA violation, most people find that hiring a lawyer for an employment law claim provides them with the peace of mind necessary for their recovery. When you hire a lawyer, they can build a strong case based on substantial evidence. This is a complex area of law, and it’s hard to prove a FMLA violation without the help of a lawyer familiar with state and federal law.

Hire an FMLA Lawyer

If you need to hire a Long Beach FMLA lawyer, call Clark Employment Law, APC right away. Whether you work in Belmont Shore or Downtown, our team is ready to provide the high-quality legal support you need to prove you experienced an FMLA violation. When you call our office, we can set up an initial meeting to discuss your FMLA leave, learn more about your situation, and discuss the violation that you believe occurred.

Founding attorney Tyler F. Clark at Clark Employment Law, APC, believes that taking the time to heal or care for family should never put your career at risk. Navigating FMLA leave laws requires precision, a trait that Mr. Clark developed while spending eight years with the U.S. Army National Guard. He also possesses a rare “behind-the-scenes” understanding, as he has a professional background that includes both the EEOC and the California Employment Division.

Since 2013, he’s leveraged his experiences to challenge hundreds of California’s largest corporations. You deserve a champion who’s not afraid of battle. Mr. Clark successfully advocates for workers in Long Beach and the surrounding communities who have been unfairly denied leave or who have faced retaliation for taking it.

We represent employees on a contingency basis, meaning you pay nothing until we’re victorious with your FMLA case. Protect your livelihood and hold your employer accountable. Contact Clark Employment Law, APC, today for a confidential consultation.