The federal Family and Medical Leave Act (FMLA) guarantees employees up to 12 weeks of unpaid leave to care for a family member, recover from a health condition, or bond with a new child. The law prohibits employers from terminating or discriminating against you for taking FMLA leave and requires reinstatement to an equivalent position when you return.
However, some employers may try to use your absence to eliminate your position or replace you. If you have been let go from your job after returning from leave, schedule your consultation with a Minneapolis FMLA wrongful termination lawyer. At Wanta Thome, our attorneys want you to know that you have legal rights, even if your employer took your job.
Not every termination that feels wrongful violates the law. For a termination to qualify as unlawful, your employer must violate a state or federal law. For instance, if your employer fires you for conduct that another employee engaged in without termination, the situation may feel unfair or wrongful, but it’s not necessarily unlawful.
Unlawful termination must also involve discriminatory or illegal behavior. For example, it is illegal to terminate an employee:
If your employer fired you for taking leave or requesting leave under the FMLA, you should contact a Minneapolis wrongful termination attorney immediately.
If you believe you were illegally fired for taking FMLA leave, or if you returned to work and experienced retaliation such as negative performance reviews, speak with a Minneapolis attorney immediately. To support your case, you should also gather all documents relating to the leave, including:
Additionally, request written proof of your termination and any related performance reviews. If your employer claims your position ended because of downsizing, ask for proof that they eliminated other positions during the same period.
Furthermore, avoid signing any severance agreement until an attorney reviews it. If you have already signed one, bring it to your first meeting with your Wanta Thome attorney, because these agreements sometimes waive your right to sue. Reviewing these documents helps our team establish whether your employer linked your termination to FMLA leave or another reason.
At Wanta Thome Employment Lawyers, our Minneapolis FMLA wrongful termination lawyers help individuals fight back against their employers’ illegal actions. Both federal and state laws give you the right to take unpaid leave to care for yourself and your family, as well as the right to return to work afterward. If your employer fired you for exercising those rights, we can step in to help protect your interests and pursue the compensation you deserve.
The consultation is free. Contact us to schedule a consultation with a wrongful termination lawyer and get the compensation you deserve.