Knoxville, TN FMLA Retaliation Lawyers
The Family and Medical Leave Act of 1993 (“FMLA”) protects the job of a worker who must miss work due to his or an immediate family member’s serious health condition, the birth of a child, to care for an injured service member in the family, or for other qualifying reasons. When the FMLA applies the employer must give the employee up to twelve (12) weeks of unpaid leave within a twelve month period. The law says an employer may not “discharge or in any other manner discriminate against any individual” who takes or asks for FMLA leave. If it does, the employee may sue for FMLA retaliation.
Generally speaking, here is what you must prove in a FMLA retaliation case:
- The employee exercised his FMLA rights;
- The employer knew the employee was exercising his FMLA rights;
- The employer took an adverse employment action against the employee; and
- There was a causal connection between the employer’s action and the employee’s exercise of his FMLA rights.
The FMLA—and yours and the employer’s rights under that law—has a lot of moving parts. Employees also have certain obligations under the FMLA, so you should immediately call your lawyer to discuss your FMLA rights and obligations. You should also contact a FMLA lawyer if you believe your employer has retaliated against you because you asked for FMLA or took FMLA leave.