The Family and Medical Leave Act (FMLA) stands as a crucial safeguard, providing eligible employees with job-protected leave for qualifying medical and other reasons. Yet, despite these protections, instances of wrongful termination related to FMLA violations persist. In this blog post, we’ll delve into the intricacies of FMLA rights, explore common violations, and highlight the pivotal role of wrongful termination law firms in Orange, CA, advocating for employees’ rights.

Understanding FMLA Rights

The FMLA, enacted in 1993, grants eligible employees the right to take up to 12 weeks of unpaid leave during a 12-month period for qualifying medical and family reasons. These reasons include the birth or adoption of a child, caring for a seriously ill family member, or addressing the employee’s own serious health condition. Importantly, the FMLA provides job protection, ensuring that employees who take leave can return to their same or an equivalent position upon their return.

Common FMLA Violations

Despite the clear provisions of the FMLA, violations, and instances of wrongful termination related to FMLA leave continue to occur. Some common violations include:

  • Failure to Provide FMLA Leave: Some employers sometimes unlawfully deny employees their right to FMLA leave or discourage them from taking leave by imposing unnecessary hurdles or penalties.
  • Retaliation for Taking FMLA Leave: Some employees who exercise their FMLA rights face retaliation, such as demotion, reduction in hours, or wrongful termination, as a form of punishment for taking leave.
  • Interference with FMLA Rights: Employers may interfere with an employee’s FMLA rights by refusing to reinstate them to their previous position upon return from leave or failing to maintain employee benefits during FMLA leave.

The Role of Wrongful Termination Law Firms

wrongful termination law firms in Orange, CA, play a crucial role in protecting employees’ FMLA rights and holding employers accountable for violations. These firms specialize in employment law and have extensive experience in litigating FMLA-related claims. Wrongful termination law firms assist employees by:

  • Legal Assessment: Conducting a thorough review of the circumstances surrounding the termination to determine if it constitutes wrongful termination or retaliation for FMLA leave.
  • Legal Representation: Representing employees in negotiations with employers, filing lawsuits, and advocating for their rights in court proceedings.
  • Pursuing Remedies: Seeking remedies and compensation for employees who have suffered wrongful termination or retaliation for exercising their FMLA rights, including reinstatement, back pay, front pay, damages, and other appropriate relief.

FMLA rights serve as a crucial protection for employees facing medical or family-related challenges, providing them with the ability to take necessary leave without fear of losing their jobs. However, violations of FMLA rights, including wrongful termination, remain a persistent issue in the workplace. With the expertise and advocacy of wrongful termination law firms, employees can assert their FMLA rights, seek justice for violations, and hold employers accountable for unlawful termination practices.

Akopyan Law Firm, A.P.C. is a wrongful termination law firm that serves Los Angeles, Orange, Riverside, San Bernardino, and Ventura. Visit our website and see our case results to learn what we have achieved for clients in Southern California. We offer a complimentary case evaluation; reach out today and contact us. Click here to read about FMLA and CFRA.