Balancing work and family can be challenging, which is why federal and state laws protect your right to take family leave without fear of losing your job. If you’ve been terminated for exercising this right, you may have a case for wrongful termination. Here’s what you need to know about your rights in Bethlehem, PA, and how a lawyer for wrongful termination can help you seek justice.
Family Leave Protections Under the Law
The federal Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. These include:
- The birth or adoption of a child.
- Caring for a spouse, child, or parent with a serious health condition.
- Your own serious health condition that prevents you from performing your job.
To qualify for FMLA, you must work for a covered employer (public agencies and private employers with 50+ employees), have worked for your employer for at least 12 months, and have logged 1,250 hours in the previous year.
Pennsylvania follows federal FMLA regulations and does not provide additional family leave protections, but employers cannot retaliate against employees for taking leave under FMLA.
Wrongful Termination for Taking Family Leave
Terminating an employee for taking family leave protected under FMLA is illegal. Unfortunately, some employers try to skirt the law by using other reasons for dismissal, such as:
- Claiming performance issues.
- Eliminating your position while you’re on leave.
- Failing to reinstate you to your previous role or an equivalent one upon return.
If you suspect you’ve been wrongfully terminated for taking family leave, a wrongful termination attorney can review your case and determine if your employer violated your rights.
Steps to Take After Wrongful Termination
If you’ve been fired after taking family leave, it’s essential to act quickly to protect your rights:
- Document Everything
Keep records of your leave request, approvals, performance reviews, and any communication related to your termination. - File a Complaint with the Department of Labor (DOL)
The DOL’s Wage and Hour Division handles FMLA complaints. You must file your claim within two years of the violation or three years if it was willful. - Consult a Wrongful Termination Attorney
An experienced lawyer for wrongful termination can help you navigate the legal process, build your case, and negotiate a fair settlement.
Compensation for Wrongful Termination
If your employer violated FMLA, you could be entitled to compensation, including:
- Lost wages and benefits.
- Emotional distress damages.
- Job reinstatement.
- Attorney’s fees and court costs.
How Saffren & Weinberg Can Help
Facing wrongful termination after taking family leave is overwhelming, but you don’t have to go through it alone. Our attorneys for wrongful termination at Saffren & Weinberg are committed to fighting for your rights.
We’ll review your case, gather evidence, and help you hold your employer accountable. Contact us today for a free consultation and take the first step toward reclaiming your career and your peace of mind.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with Saffren & Weinberg, we are not your legal representatives.