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FMLA Discrimination Lawyers

  • Weisberg Cummings, P.C. helps Pennsylvania employees understand their rights under the Family and Medical Leave Act (FMLA), gather evidence and pursue claims.
  • FMLA leave should not cost you your job, benefits or career.
  • You may have a claim if your employer denied your leave, disciplined you for using FMLA, cut off your benefits or refused to reinstate you after approved leave.
  • Compensation may include back pay, front pay, liquidated damages and legal costs, depending on your case.

The Family and Medical Leave Act (FMLA) protects your right to approved leave without facing termination, demotion or discipline. If your employer violated that right, Weisberg Cummings can help.

Call Us: 717-238-5707

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Are You Experiencing an FMLA Violation?

Employers may willfully ignore FMLA rules or maintain policies that violate your rights. If your employer has engaged in any of the following actions, you may have a valid claim:

Your employer refused time off for a severe illness, the birth or adoption of a child or caring for an ailing family member, even though you met eligibility requirements.

You were demoted, passed over for a promotion or received poor performance reviews directly linked to your FMLA absences or requests for leave.

Your health insurance coverage was cut off while you were on approved leave.

Your employer refused to return you to your former position or an equivalent one upon your return from leave without a valid, unrelated legal reason.

In fiscal year 2024, the Department of Labor collected $1,482,398 in back wages for FMLA violations, with the top violations being denial of leave, discrimination and disciplinary action and failure to reinstate. An FMLA violation lawyer can evaluate whether your employer’s actions meet the criteria for a legal claim and help you build a strong case.

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What Compensation Can an FMLA Lawsuit Recover?

A strong FMLA case often begins with negotiating a settlement to restore lost benefits and wages. If negotiations stall, our attorneys are prepared to represent you in a civil lawsuit to pursue the following compensations.

The outcome of your case depends on the specific facts and evidence. An FMLA attorney can evaluate the strength of your claim and help you understand what compensation you might recover.

Compensation for wages lost due to the violation, including any benefits you should have received during that time.

Projected future earnings if you were wrongfully terminated and need time to find comparable employment.

Often referred to as “double damages,” this remedy requires the employer to pay the back pay amount a second time in most successful FMLA lawsuits.

While the FMLA does not cover emotional distress, you may have grounds to claim punitive damages if your employer also violated statutes like the ADA or the Pregnancy Discrimination Act.

If you win your lawsuit, your employer typically has to cover your attorney’s fees, making professional legal representation more accessible.

Why Choose Weisberg Cummings for Your FMLA Claim?

When you work with our firm, you receive personalized legal representation built on these principles:

We take the time to understand your full situation and believe you when you say something wrong happened. When others dismiss your concerns as frivolous or unfounded, we look for the merit to help right a wrong.

You’re not just a case number to us. Our attorneys treat you with respect and dignity throughout the entire legal process. We genuinely want to help you get your life back and move forward with confidence.

We return calls promptly and are available for after-hours or weekend consultations to support you when you need it most.

Clients rely on our qualifications and track record of success in winning FMLA cases that initially seemed difficult or unlikely. We bring decades of combined experience in employment law to every claim we handle.

Beyond simply winning cases, we focus on results that help you regain hope, recover what you lost and put this stressful situation behind you so you can rebuild your career and peace of mind.

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Trust The Professionals

We’re here to validate your experience and use our experience to protect your future.

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Speak With a Pennsylvania FMLA Lawyer Today

Successfully pursuing a claim for FMLA discrimination could recover significant lost wages, back pay and previously discontinued benefits — outcomes that could help you regain financial stability and move forward. Our attorneys are available for after-hours and weekend consultations. Call us at 717-238-5707 or contact us online to schedule your free, confidential consultation.

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Frequently Asked Questions About FMLA Discrimination

Below, we answer common questions about FMLA discrimination claims, evidence and filing options in Pennsylvania.

You can find an FMLA attorney in Pennsylvania by contacting an employment law firm that handles FMLA claims. Weisberg Cummings is based in Harrisburg and serves employees throughout Pennsylvania.

FMLA provides job-protected leave for eligible employees. If you believe your employer violated your FMLA rights, an attorney can explain your options and help determine whether you may have grounds for a claim.

You may need employment records, written communications, medical documentation, a timeline of events and witness information to support an FMLA discrimination claim.

Helpful records may include:

  • Pay stubs, performance reviews and disciplinary actions.
  • Emails, texts or communications about your FMLA request, leave or adverse employment actions.
  • Medical certifications supporting your need for FMLA leave.
  • A timeline of FMLA requests, leave periods and possible discriminatory actions.
  • Names of witnesses who can corroborate your claims.

Documentation may help connect your FMLA leave to the adverse action taken by your employer.

FMLA interference involves an employer interfering with your right to use FMLA leave, while FMLA retaliation involves an employer taking action against you because you used or requested FMLA leave.

FMLA interference may include refusing a valid leave request or discouraging an employee from taking leave. FMLA retaliation may include firing, demoting or giving a negative performance review after an employee requests or takes FMLA leave.

You can file an FMLA complaint with the U.S. Department of Labor’s Wage and Hour Division or file a private lawsuit in federal or state court.

If you file with the Department of Labor, you can submit a complaint in person, by mail or by phone at a local office. Complaints should be filed within a reasonable time after you discover the violation.

If you file a private lawsuit, the FMLA requires lawsuits to be filed within two years after the last alleged violation, or three years if the violation was willful. For discrimination claims that may overlap with FMLA issues, you may also be able to file with the Equal Employment Opportunity Commission or the Pennsylvania Human Relations Commission.