The Family and Medical Leave Act (FMLA) guarantees all eligible workers the right to 12 weeks of unpaid leave each year. Leave can be used to care for an ill family member, for pregnancy leave, or to take care of your own illness or injury. The FMLA also guarantees the right to return to your original position or an approximately equal position.
Unfortunately, some employers use the FMLA as a pretext to dismiss their workers or to move them to other positions. If this has happened to you, you may benefit from speaking with an experienced wrongful termination attorney. Contact our Chicago FMLA wrongful termination lawyers at Wanta Thome today for the legal representation you need to help regain your job or get the compensation you are owed.
If you take medical leave under the FMLA, you should be allowed to return to your old job. Most employers will schedule around your absence, or hire a temporary replacement for you. If they cannot keep your job open, they must give you a job equivalent to your old one, at equal pay and benefits. A sudden demotion or reassignment may be related to your leave. Other signs of an FMLA wrongful termination can include:
If you believe your employer wrongfully terminated you for taking an FMLA leave, contact our Chicago attorneys today. If your claim involves any other type of discrimination, such as maternity leave, you may need to file an EEOC complaint, which must happen within 180 days.
You have up to two years to file an FMLA claim, but you may need to exhaust your remedies with your employer first. Because of this, it is critical to reach out to an attorney as soon as possible after your unlawful firing. Our team at Wanta Thome is ready to help you during an initial consultation, so schedule yours today.
Even if you are working with legal counsel, the FMLA limits what you can recover after a wrongful termination in Chicago. Depending on the cause of the termination, state law may allow you to recover other types of damages.
At Wanta Thome Employment Lawyers, we can help you recover back pay, including lost wages or salary, and any lost benefits such as retirement or pension that were suspended after your termination. You may also be able to recover front pay, or future lost pay, if you cannot be restored to your original position.
You may be able to recover liquidated damages equal to your back pay if your employer cannot show they acted in good faith regarding your termination. However, if your employer can show that they had no alternative but to replace you, or that your job would have been terminated in the ordinary course of business, you may not recover liquidated damages.
To learn more about what compensation may be available to you after your unlawful termination, schedule a consultation with our team. The sooner you act, the more evidence our lawyers can collect against your employer.
At Wanta Thome, we provide the legal representation you need to help recover damages after a wrongful termination. If your employer took advantage of your absence to replace you or eliminate your position, you have the right to fair compensation and reinstatement if possible. Our Chicago FMLA wrongful termination lawyer can help you gather the information you need to make a solid case against your employer.
Contact our offices today for a confidential consultation. We will review your claim and discuss your best options.