Understanding FMLA Retaliation: Your Rights and Next Steps

Have you experienced retaliation after taking an FMLA leave? If you received a written up on your first day back from several weeks of leave and decided to quit due to upset, this can be a complex matter. It's crucial to understand the legal framework and potential next steps. Let's break down the situation and discuss the importance of consulting an employment lawyer.

Is There a Case for FMLA Retaliation?

Despite some common assumptions, quitting the job is not a determining factor in establishing FMLA retaliation. The critical question is whether the employer acted unlawfully before your resignation. If there was indeed retaliation, it would have occurred before you made the decision to leave. However, your resignation could impact the potential remedies available.

Was the Write-Up Justified?

For the write-up to be considered retaliation, it needs to be shown that the written admonition was unjustified because of your FMLA leave. Here are the key points to consider:

Was the write-up legitimate? Did you perform actions that warranted a write-up? Would a similar employee who had not recently used FMLA receive the same write-up for the same behavior? Check if the discipline was justified and consistent with how other employees who had committed similar offenses were treated.

If the write-up was based on a legitimate set of actions, and the punishment was consistent with the employer's policy, it cannot be considered retaliation. Conversely, if the write-up was given as a direct result of your FMLA leave and would not have occurred otherwise, consult an employment lawyer for further advice.

Documenting the Incidents

To build a strong case for FMLA retaliation, it is essential to gather and document all pertinent evidence. This includes:

Verbal warnings or documented incidents leading to the write-up Any communication from your employer about the reasons for the write-up Documentation of the FMLA leave and any accommodations you requested Any interactions with HR or other supervisors regarding the write-up Notations of any verbal or written promises of leniency

These documents can be crucial in demonstrating a pattern of behavior that may constitute illegal retaliation.

Consult an Employment Lawyer

Given the complexity of FMLA retaliation cases, it is strongly recommended to consult a lawyer who specializes in employment law. They can provide the necessary guidance to determine if you have a valid claim. Remember, employment laws vary by location, so ensure that your lawyer is licensed in your area.

Other Considerations

Even if you have resigned, it's still important to consult a lawyer. They can advise you on your rights and potential liabilities. If you feel it's necessary, you might also try to un-resign and talk to your boss or HR about the situation. However, it's wise to tread carefully and consider the potential consequences of any actions you take.

Finding a Free Lawyer Consultation

In the USA, you can contact your Employee Assistance Program (EAP) to get a free lawyer consultation. EAPs often have partnerships with law firms that offer initial consultations without charge. This can be a valuable resource for assessing your case and understanding your legal options.

Whatever the outcome, it's important to take the time to understand your rights and the legal process. Even if the incident resulted in your resignation, learning from the experience and growing from it can be beneficial in the long run.

Conclusion

Encountering FMLA retaliation is a serious and often confusing situation. By understanding the legal framework, documenting the events, and consulting a lawyer, you can make informed decisions about your next steps. Remember, HR is typically there to protect the company, so consider a lawyer as your primary advisor in such matters.