Articles Tagged with Orange County FMLA attorney

A recent decision in U.S. District Court for the Western District of Kentucky has fortified the protections of FMLA lawyerFamily and Medical Leave Act, enforcing one of the core intentions of the act: that an employee should not have to work while on leave or be punished for not being able to work during that time. The case revolves around a government employee in Kentucky working in waste management. Almost immediately after receiving a promotion, plaintiff broke his leg in an accident unrelated to work and was not able to complete training for a commercial driver’s license necessary for the new job, according to a report from Workforce.

A collective bargaining agreement allowed plaintiff three months to obtain his CDL for the job. The company, however, counted the time plaintiff was out from work on FMLA leave toward those three months. When he did not complete his training in time, he was terminated, even though doing so would have been impossible with a broken leg. He sued the company for FMLA violation. Continue reading

A recent study by the Center for Worklife Law at the University of California’s Hastings Law School revealed that, after years being discriminated against for taking family leave to which they are entitled, workers are fighting back. Specifically, they are pursuing FMLA discrimination lawsuits (Family Medical Leave Act) at an increasing clip.¬†momenttogether

Many are new parents who face discrimination during pregnancy or right after having a new child. Others are caregivers who are taking on responsibilities of caring for a sick relative.

The other thing the report revealed? The aggregate win rate on FMLA discrimination lawsuits is about 67 percent of the cases that go to trial, which is about five times higher than other types of employment lawsuits. That assumes you are a good, diligent worker who has been the victim of what you believe to be discrimination. (Keep in mind too, cases may be settled to your advantage far in advance of trial.)  Continue reading

The Family and Medical Leave Act – also routinely referred to as “FMLA” – entitles most workers to take unpaid, job-protected leave for specified family and medical reasons. Workers can take up to 12 months in a given period, and it can be for anything from the birth of a child (within one year) to the serious health condition of a spouse to an illness that renders the employee unable to work.bloodpressure1

What many people don’t realize about this act is that the time to which they are entitled doesn’t necessarily need to be taken all at once.

For example, if a worker injures her back and her doctor grants permission to take periodic time off work as needed for pain, there are allowances for that.

Unfortunately, many employers don’t realize this either, and workers may face disciplinary action or even wrongful termination for exercising these rights. Continue reading