Retaliation for Taking FMLA

retaliation-for-taking-fmlaOne of the more common types of unlawful retaliation is FMLA retaliation. An employee goes on FMLA leave due to a serious medical condition, and the employer is unhappy about it for various reasons. It’s possible that the employer suspects that the employee’s medical issues are fabricated and he is just trying to find an excuse not to work. It’s also possible that the employee’s manager experiences pressure to perform and produce from his higher ups, and his subordinate’s medical leave affects how the whole team looks to the superiors. Finally, the supervisor might start worrying about the fact that the employee has some kind of chronical condition that will require repeated medical leave in the future.

A supervisor who is planning to retaliate and get rid of an employee due to taking FMLA medical leave will typically engage in one or more of the following: micromanaging the employee in an attempt to find any mistakes for which that employee can be disciplined or terminated; falsely accusing an employee of misconduct or policy violations; issuing negative performance reviews to fabricate a paper trail of performance issues, and finally wrongfully firing an employee for false or fabricated reasons, or reasons that other employees wouldn’t be fired for or would have been disciplined much more leniently for.

Retaliation for taking FMLA is illegal. If you believe that you have been retaliated against or terminated for taking FMLA leave or even just requesting FMLA leave, feel free to contact us to discuss your rights and legal options.

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