The Family and Medical Leave Act (FMLA) is supposed to give eligible employees the time they need to recover from a serious health condition, care for a qualifying family member, or bond with a new child without worrying about losing their job. FMLA protects workers from unlawful firings, but you can still be fired on FMLA leave in Elizabeth.
If you were fired while on FMLA leave in Elizabeth, you may have legal options. Federal law prohibits employers from interfering with an employee’s FMLA rights or retaliating against someone for exercising those rights. An experienced Elizabeth Family and Medical Leave Act (FMLA) lawyer can evaluate the facts of every case and pursue the remedies available to you.
Does FMLA Leave Protect You From Being Fired?
FMLA leave provides important job protections, but it does not create absolute immunity from termination. An employer cannot fire you simply because you requested or took qualifying FMLA leave.
However, an employer may still terminate an employee for legitimate, non-discriminatory reasons that would have resulted in termination regardless of the leave.
The distinction often comes down to the employer’s motivation. If the leave itself played a role in the decision, the termination may violate the law. If the employer can prove the firing would have occurred even if you had never taken leave, the termination may be lawful.
Determining the true reason behind a termination often requires reviewing employment records, company policies, communications, and the timeline of events leading up to the dismissal.
When Firing an Employee on FMLA Leave Is Illegal
Federal law prohibits employers from interfering with an employee’s FMLA rights or retaliating against them for exercising those rights. Illegal conduct can take many forms, including obvious actions and more subtle attempts to discourage employees from taking protected leave.
Examples of potentially unlawful conduct include:
- Firing an employee after requesting or taking approved FMLA leave
- Terminating an employee because management believes the leave is inconvenient
- Refusing to restore an employee to the same or an equivalent position after qualifying leave ends
- Using protected leave as a negative factor in employment decisions
- Threatening termination to discourage an employee from taking FMLA leave
- Retaliating against an employee who complains about FMLA violations
If your employer’s explanation for your termination seems inconsistent, changes over time, or conflicts with company records, it may be worth having your situation reviewed by an experienced employment attorney.
Situations Where an Employer May Legally Terminate an Employee on Leave
An employer may legally terminate an employee on leave if the business conducts a legitimate reduction in force affecting multiple workers, discovers documented misconduct unrelated to the leave, eliminates the employee’s position for legitimate business reasons, or can demonstrate that the employee would have been terminated even if no leave had been taken.
Even when an employer is acting legally, they must be able to support their decision with credible evidence. If the reason they provide for the termination appears to be a pretext for retaliation or discrimination, the employee may still have a valid legal claim.
How New Jersey Law May Provide Additional Protections
The FMLA is a federal law providing protection to workers. However, New Jersey employees may also have rights under state employment laws. Depending on the circumstances, a termination may involve more than just an FMLA violation.
For example, a firing related to a serious medical condition may also involve disability discrimination, pregnancy discrimination, family responsibilities, or unlawful retaliation under state law. Some employees may have claims under multiple laws simultaneously, potentially expanding the legal remedies available to them.
An experienced employment attorney can evaluate whether your situation involves overlapping legal protections and explain how they may affect your case.
Compensation That May Be Available
If your employer unlawfully fired you while you were on FMLA leave, you may be entitled to various forms of relief depending on the facts of your case. Potential compensatory damages may include:
- Lost wages and employment benefits
- Front pay or reinstatement to your former position
- Compensation for financial losses caused by the unlawful termination
- Liquidated damages in qualifying cases
- Attorneys’ fees and litigation costs
The value of a claim depends on numerous factors, including your salary, benefits, the length of your unemployment, the employer’s conduct, and the evidence supporting your claims.
Steps to Take After Being Fired While on FMLA Leave
The actions you take after your termination can affect your ability to pursue a successful claim.
As soon as possible, preserve all employment-related documents, avoid deleting emails or text messages, write down your recollection of important conversations while they are still fresh, and refrain from signing severance agreements or releases without understanding how they could affect your legal rights.
Many employees are offered severance packages shortly after termination. These agreements may provide compensation to terminated employees, but they often require the employees to waive important legal claims. Having an attorney review the agreement before signing can help you make an informed decision.
How O’Connor, Parsons, Lane & Noble Can Help
When an employer fires a worker who is out on FMLA leave, employers often argue that the termination was based on legitimate business reasons. Meanwhile, employees believe they were punished for exercising protected rights. Successfully resolving these disputes requires a careful investigation of the facts and a thorough understanding of employment law.
With over 200 years of combined experience, the team at O’Connor, Parsons, Lane & Noble works collaboratively to evaluate every aspect of a client’s case.
If you believe you were fired while on FMLA leave in Elizabeth, you do not have to determine on your own whether your employer acted lawfully. Contact us today for a free consultation.