Family and Medical Leave Act claims

Everything seems to come in cycles. One period is up, the next down. It works that way with employment law claims, too, it seems.


For a couple of years in the mid-2000s, I represented several clients in family and pregnancy leave related claims. These are cases that arise under the federal Family and Medical Leave Act. That law makes employers with more than 50 employees provide the barest amount of leave (up to 12 weeks per year) available to sick employees, pregnant employees, or employees with sick or pregnant family members. Of course the leave is unpaid. But at least the employee is entitled to return to the exact job they had.


Back then employers were regularly denying leave, demoting people, firing them, and failing to return them to their previous positions. But litigation taught some lessons and it's been quiet on that front for several years. No more.


I have just filed and settled two FMLA claims. The middle managers out there are not being trained or they are just ignoring the law. They are violating these twenty five year old statutory rights that the employees don't seem to know they have.


Just a short reminder is in order.


Common employer violations of the Family and Medical Leave Act:


● They “point” you for missing a day or more for health reasons and call it a “no fault” system.


● They write you up or punish you for taking off too much time to care for a sick child, parent, or yourself.


● When you come back from a medical or pregnancy related leave, they put you in a different job, with lower pay and undesirable working conditions.


● After you tell them you need time off because you are sick, they don’t bother to ask you why, or tell you about your right to have leave to heal.

Not all employers have to follow all the laws in place to protect families from unfair treatment. But if your employer has more than 50 employees in a 75 mile radius, or is a small part of a much bigger company, then you may have more rights than you thought.       


If you have been mistreated, punished, or even fired, for taking medical or family-related leave, then please contact me for more information. You may have rights to reinstatement, back pay, other money damages and attorney’s fees.


Call or e-mail me now, because there are time limits on claims like these.
www.langendorflaw.com or 513-705-4104.

Litigators gotta litigate

2014 saw my litigation practice suffer a bit. 2012 and 2013 were banner years, but last year it seemed that nobody was angry or cheated enough to sue. Or they just weren't interested in talking to a lawyer about it. This year? Much different.


Since January I have filed 4 unpaid overtime cases in federal court, and one, a mortgage loan officer case, is teed up to go. Mortgage loan officers are NOT exempt from minimum wage or overtime coverage.


Also in the just-about-to-be-filed pipeline is a clear failure-to-notify FMLA case. It amazes me how often the employers in these cases are health care providers. There is another FMLA case right behind this one, but its major claim is failure to reinstate. Either way, back wages, liquidated damages and attorney's fees are all available.


I haven't seen this much action in years and am grateful for my tax dollars being used to support a dispute resolution system for people who have few resources and little power.


If employers make employees angry enough or treat them unfairly long enough, then those employees will act. Employment laws passed by Congresses not so deeply in corporate pockets serve these underpaid or mistreated workers well.


Don't take it anymore. Call a lawyer.


Update:


Favorably settled the mortgage loan officer overtime case and both FMLA cases this year.  Still two more in play and I am looking for more. Merry Christmas and Happy New Year to all.