Wrongful Termination

Tulsa Family Medical Leave Lawyer - Employment Law Firm

Oklahoma Family Medical Leave Attorney – Protecting Employees from Employer Retaliation

Sally takes time off to care for a sick relative. Under the laws of the FMLA, she has accrued 12 weeks of leave without retaliation. Her relative gets better within a few weeks and she phones her boss, telling him she will be back to work on Monday. "Sorry Sally," he replies. Your job is gone - we had to hire someone else. Sally tells him that she will be happy to work wherever they need her. "Nope, I can't help you Sally," he says, "you should have thought about that before you left."  Does Sally have a case against her employer? You bet! Sally needs a tulsa family medical leave attorney.

The Family Medical Leave Act (FMLA) provides employees who have serious personal or family emergencies including personal illness, a new child or illness of a spouse, child or parent, the right to employment leave. The act provides statutory protection for employees who take unpaid time off from work for a family situation authorized under the FMLA. If you need to take time off pursuant to the statute, your employer cannot terminate your employment for exercising your rights to take unpaid time off. If you are terminated in retaliation for exercising your statutory rights under the FMLA, you may be entitled to compensation for losses resulting from the FMLA violation.

 

Can My Employer Legally Fire Me for Another Matter if I Have Taken Leave?

While employers are prohibited from retaliating against employees for violation of the FMLA, this does not mean that an employer cannot fire an employee who has taken such time off. Because employers are aware that they cannot fire an employee for exercising rights under the FMLA, employers will usually try to justify such a termination on another pre-textual basis. If your employer terminates you or otherwise penalizes you for taking time off under the FMLA, I am available to help you establish that your termination was a violation, and assist you in obtaining reinstatement, back pay, front pay and other appropriate compensation.

A couple of excuses that employers have used to justify termination of an employee on FMLA leave that have been upheld include:

  • Serious employee misconduct that occurred long before the time off but was discovered during the time off

  • Employee found in a bar during shift for which employee took leave under FMLA


The FMLA permits you to take up to twelve weeks of time off during any 12 month period provided you have been employed for a minimum of 12 months by the employer and worked at least 1,250 hours of work during that term of employment. The time off may be paid or unpaid depending on the specific circumstances of your time off. You will be required to take accrued sick leave prior to taking leave under the FMLA for a personal illness. You will not be required to take sick leave if you are exercising your right to time off for care of a sick relative. If you do not wish to take the entire time off unpaid, you may utilize 30 days of sick leave or accrued vacation during time off work for any reason authorized under the FMLA.

The most fundamental protection provided under the FMLA is that if you take leave for a reason authorized under the FMLA, you have a right to return to the same job.  If your job has been filled, your employer must provide a similar job with comparable pay and benefits. The FMLA also protects you from retaliation for exercising rights to leave for a purpose authorized by the statute.

At my Tulsa based employment law firm of Jeff Nix, I have been representing employees whose rights are violated under federal or state law by their employers for over 30 years. I offer down to earth representation and candid legal advice. I am a bit different from other employment lawyers. I am different in my approach to dealing with clients, more personal in my approach. If your employer is violating your rights under the FMLA, I provide a free case evaluation. Call me today at (918) 587-3193.

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