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Sudden changes in your life can shake up your career in an instant. From medical issues to family concerns, there are times when you simply need to focus on your personal life or health as opposed to your career. The Family and Medical Leave Act of 1993 (FMLA) provides certain employers with the right to take leave from work while their employment status remains protected.
Unfortunately, some employers ignore the protections offered by the FMLA. When this happens, legal action could be appropriate. If you are considering a lawsuit based on a violation of your rights under the FMLA, Gomez Trial Attorneys are here to help. Reach out to a San Diego FMLA lawyer right away to discuss your options.
There are different ways for an employee to qualify for protection under FMLA. If you have worked in your current position for at least one year, you should qualify. The same is true if you have worked for at least 1,250 hours during year prior to your leave date. You are also more likely to qualify if you work for an employer with 50 employees that work within 75 miles of the workplace.
You can take FMLA time for different reasons. Some common reasons to take this time off include the birth of a child, taking care of a sick family member, or taking time to deal with your own health issues. Taking leave under the FMLA is only possible when you give your employer notice of your leave. This includes informing them of the nature of your emergency.
If you successfully sue your employer for a violation under FMLA using a San Diego contract lawyer, you could be entitled to monetary compensation. Your compensation could include your financial and emotional losses caused by your treatment at work. Some of the types of damages available to you include:
It is possible for you to be fired from your position while taking leave under FMLA. However, this termination cannot be because you requested or received family leave. Your employer is not barred from firing you for cause while you are on FMLA leave.
You cannot be denied a raise due to requesting or taking FMLA leave. This is a form of discrimination that is barred by federal law, and it could result in a viable claim for compensation against your employer. Talk to a San Diego contract attorney if you believe have experienced this.
Taking leave under FMLA cannot have a negative impact on your performance evaluation. In fact, this leave should not be considered whatsoever during these evaluations. Your employer can perform an evaluation after you request leave or even while you are on leave, but the evaluation period may not take into account the time you were on leave at all.
Liquidated damages are a type of compensation that is somewhat unique to FMLA cases. This form of compensation is designed to be punitive in nature if your employer cannot show that they acted in good faith when they violated your FMLA rights. A San Diego breach of contract lawyer can address your questions about this.
If you are employed in San Diego, you likely have rights related to taking family leave. Whether you are expecting the birth of a child or facing serious health issues, your employment should not be at risk while you address these issues.
The team at Gomez Trial Attorneys looks forward to advocating on your behalf following this act of discrimination. If you are ready to get started with your case, contact us as soon as possible for your private consultation.
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