Taking leave to care for yourself or a family member shouldn’t cost you your job. The Family and Medical Leave Act (FMLA) protects your right to approved leave without facing termination, demotion or discipline. If your employer retaliated against you, you may have grounds for a legal claim. Weisberg Cummings represents Pennsylvania employees who’ve faced FMLA violations. Our experienced attorneys evaluate your situation, help you understand your rights and pursue the compensation you deserve.
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:
- Denial of leave: 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.
- Retaliatory discipline: You were demoted, passed over for a promotion or received poor performance reviews directly linked to your FMLA absences or requests for leave.
- Benefit discontinuation: Your health insurance coverage was cut off while you were on approved leave.
- Failure to reinstate: 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.
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:
- Back pay: Compensation for wages lost due to the violation, including any benefits you should have received during that time.
- Front pay: Projected future earnings if you were wrongfully terminated and need time to find comparable employment.
- Liquidated damages: 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.
- Additional claims: 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.
- Legal costs: If you win your lawsuit, your employer typically has to cover your attorney’s fees, making professional legal representation more accessible.
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.
Why Choose Weisberg Cummings for Your FMLA Claim?
When you work with our firm, you receive personalized legal representation built on these principles:
- Belief and validation: 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.
- Respect and care: 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.
- Accessibility and responsiveness: We return calls promptly and are available for after-hours or weekend consultations to support you when you need it most.
- Experience and competence: 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.
- Transformative outcomes: 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.
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 (855) 716-2367 or contact us online to schedule your free, confidential consultation.
