The New Jersey Employment Law Firm Blog
If you believe you’ve been unfairly treated at work, particularly if you’ve been denied leave under the Family and Medical Leave Act (FMLA) or retaliated against for requesting it, the Resnick Law Group is here to help. Understanding your rights under the FMLA is crucial, and if those rights are violated, you may have grounds for legal action.
In a recent case, an employee claimed her employer violated the FMLA in two ways: first, by denying her request for FMLA leave, and second, by retaliating against her for attempting to take that leave. She alleged that her employer intensified a hostile work environment, increased harassment, and reassigned her to roles for which she was unqualified. Unfortunately, the court found her claims too vague and inconsistent to proceed.
The FMLA is designed to help employees balance work with personal or family needs, allowing them to take reasonable leave for serious medical conditions without fear of losing their jobs. The law sets clear expectations for employers, ensuring that eligible employees can take up to 12 weeks of leave within a year. After this leave, the employee must be reinstated to their original job or a comparable one with the same pay, benefits, and working conditions.
However, the FMLA doesn’t just grant leave—it also protects employees from retaliation for using it. This means your employer can’t treat you negatively, such as by demoting you or increasing your workload unfairly, just because you took or requested FMLA leave.
In this case, the employee’s allegations were ultimately dismissed because they lacked clarity and consistency. The court couldn’t determine whether the employee had been denied FMLA leave or had taken it but was then forced to return to work early. The employee also failed to provide specific details about how her employer retaliated against her after she took or tried to take leave.
Successfully Bringing a Claim Under the FMLA
To succeed in an FMLA claim, it’s essential to clearly demonstrate that you were eligible for FMLA leave, that you properly requested it, and that your employer either denied you this leave or retaliated against you for using it. Additionally, you must provide a clear and consistent narrative of the events that led to the violation.
Speak with an Experienced Team of NJ Employment Lawyers About Your Claim Today
The Resnick Law Group is very familiar with the challenges employees face when standing up against unlawful employment practices. If you believe your rights under the FMLA have been violated, it’s important to gather detailed evidence and present a strong, coherent case. Our experienced attorneys can help you effectively navigate this complex process, ensuring your voice is heard, and your rights are protected.
We are committed to helping employees like you fight back against unfair treatment in the workplace. If you have experienced FMLA interference or retaliation, or if you’ve been subjected to other discriminatory practices, contact Resnick Law Group today. We’ll provide the legal support you need to hold your employer accountable and secure the justice you deserve. You can reach us at (973) 781-1204 or through our secure online contact form.