Tampa Family Medical Leave Act (FMLA) Lawyer

Nolan Klein, one of the best Family Medical Leave Act (FMLA) attorneys in Tampa, is here to help if you:

Are an employee who has been denied unpaid leave for a serious health condition or to care for a family member with a serious health condition.
Have been terminated, demoted, or otherwise penalized after taking FMLA leave.
Need guidance on how to request FMLA leave from your employer.
Want to know your rights under the Family and Medical Leave Act.
Believe that your employer has violated the FMLA in any way.

Don't wait until it's too late to protect your rights. Let our 15+ years of experience in employment law work for you.

The Importance of the Family and Medical Leave Act to Tampa Employees

The Family and Medical Leave Act (FMLA) was enacted to help employees balance their work and family responsibilities. It allows eligible employees to take up to 12 weeks of unpaid leave per year for specified family and medical reasons, such as the birth or adoption of a child, caring for a family member with a serious health condition, or the employee's own serious health condition. This time off is protected and employees are entitled to return to their same or equivalent job after their leave.

The FMLA also requires employers to maintain employee benefits during this leave period and prohibits discrimination or retaliation against employees who take FMLA leave. Unfortunately, not all employers understand or follow these laws, which is where a skilled FMLA attorney like Nolan Klein can help.

Common Violations of the Family and Medical Leave Act

Despite its importance, the FMLA is often violated by employers. Some common violations include:

Refusing to grant eligible employees FMLA leave.

Interfering with an employee's right to take FMLA leave.

Failing to reinstate an employee to their same or equivalent job after their FMLA leave.

Denying benefits and other protections to employees on FMLA leave.

Retaliating against employees for taking FMLA leave.

Many employees in Tampa are not even aware of their rights under the FMLA and may not realize that they have been wronged by their employer.

Your Legal Options after a Family Medical Leave Act (FMLA) Violation in Tampa

If you believe your employer has violated the FMLA, it is important to take action and protect your rights. Your first step should be to consult with a knowledgeable employment Tampa FMLA lawyer like Nolan Klein. They can help assess if your rights have been violated and guide you through the legal process.

Some possible legal options for addressing an FMLA violation include:

Filing a complaint with the Department of Labor, Wage and Hour Division
Filing a lawsuit against your employer for damages and other relief
Seeking reinstatement to your former position, along with back pay and benefits
Negotiating with your employer for a settlement agreement

Filing an FMLA Violation Complaint with the Department of Labor, Wage and Hour Division

The Department of Labor's Wage and Hour Division (WHD) provides a valuable resource for employees who believe their rights under the FMLA have been violated. The process for filing an FMLA complaint with the WHD is relatively simple. You will need to provide information about your employer, including their name and address, as well as specific details about the violation(s) you experienced.

Once a complaint has been filed, the WHD will investigate the matter. This may include gathering evidence and speaking with both you and your employer. If the WHD determines that a violation has occurred, they may take enforcement actions against your employer to ensure compliance with the FMLA.

Filing a Lawsuit for FMLA Violations

If filing a complaint with the WHD does not result in a satisfactory resolution, you may also consider filing a lawsuit against your employer. This can be done with the help of a Tampa family leave attorney who specializes in FMLA cases. A lawsuit may seek damages and other relief, such as reinstatement of your former position.

Reinstatement and Other Relief

If a violation of your FMLA rights has resulted in you being terminated or demoted from your job, one possible legal option is to seek reinstatement to your former position. This may also include backpay and other monetary damages for any losses you experienced as a result of the violation.

In addition to seeking reinstatement, you may also be able to recover other forms of relief through a lawsuit, such as FMLA attorney's fees and court costs. It is best to consult with an experienced family medical leave lawyer in your area to discuss the specific details of your case and determine the best course of action for seeking the appropriate relief.

Negotiating With Your Employer

In some cases, a formal complaint or lawsuit may not be necessary to resolve an FMLA violation. In these situations, it may be possible to negotiate with your employer for a satisfactory resolution. This could involve discussing the issue directly with your employer or going through a mediation process. Your Tampa FMLA violation lawyer can advise you on the best approach for negotiating with your employer and can assist you in reaching a resolution that protects your rights under the FMLA.

Talk to One of the Best FMLA Violation Attorneys in Tampa

Tampa FMLA attorney Nolan Klein has helped people like you fight back against FMLA violations. He is dedicated to protecting the rights of employees and can help you understand your legal options if you believe your employer has violated your FMLA rights. Call +1 877.253.5406 or fill out your case details in our form to get started.