Finding A Great Attorney

3 Signs You Should Hire An FMLA Lawyer

18 February 2022

Sean Miles

The law entitles workers to take an FMLA leave when they have a qualifying event. This could be a severe illness that attacks them, their spouse, or children. When taking this leave, certain procedures should be followed to ensure the employee maintains their benefits and position. If you've followed all these procedures, but your employer refuses to grant you the leave, an FMLA lawyer can help you. Here are three signs that show you should hire these professionals.

1. Your Boss is Discouraging You from Taking the Leave

Your employer can discourage you from taking a leave for various reasons. It could be that they don't want to pay for it, believe you don't need it, or feel like they need to keep their employees on the job. If this is the case, you should contact an FMLA lawyer. They will determine whether or not your company can deny you the leave and what steps to take next. They'll also tell you the rules that your boss has violated and protect you from retaliation.

If your case is complicated, these attorneys will help you take the right action to remedy the situation. This may include filing a lawsuit in court and representing your interests. If your boss is wrong, chances are the judge will rule in your favor. But even if the jury rules against you, an attorney can appeal the decision and get you justice.

2. You've Been Fired for Taking FMLA Leave

You may be fired for taking a leave, especially if your company has a lot of work to do and your going away will affect its productivity. Most employers don't like losing their employees when they're at the peak of their productivity and may offer you excuses like they'll change the shift schedule to suit you, or it isn't the right time to take a leave. If you become adamant, they may fire and replace you.

An FMLA lawyer's services can help you file a lawsuit against your employer and win back your job. They'll identify the reasons for your firing and negotiate a settlement with your former employer. If your boss refuses to offer you a settlement and continues to retaliate, they'll file a lawsuit against them and get you justice.

3. Your Employer Cuts off Your Insurance During Your Leave

During your leave, your boss shouldn't cut off your insurance or change its terms unless you've agreed to it. But if they do so without your consent, they'll be violating the FMLA. An attorney can help you recover the benefits your employer took away during this period and file a lawsuit for damages against them. This will get your insurance reinstated.

You have the right to take a leave of absence under the FMLA. However, if your employer refuses to grant you this leave or frustrates you in any way, contact an FMLA lawyer. They'll help fight for your rights and ensure they're upheld.

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