How to File a Discrimination Claim for FMLA Retaliation in Los Angeles?

In Los Angeles, whether you work at a school in Arlington Heights or at a cafe in the Arts District, you have the right to speak up if you feel like you are being discriminated against or are facing retaliation for exercising your rights to Family and Medical Leave. Many people wonder how to file a discrimination claim for FMLA retaliation in Los Angeles. At the Shirazi Law Firm, PC, our FMLA retaliation attorneys are here to answer that question and help guide you.

Signs of FMLA Retaliation in Los Angeles

In Los Angeles, you may be entitled to certain unpaid, job-protected leave under the Family and Medical Leave Act. This allows you to take leave for certain medical reasons, such as being diagnosed with a severe illness, caring for a family member diagnosed with a severe illness, or bonding with a new child, for a 12-week period.

In California, your employer–if they qualify for FMLA–cannot retaliate against you should you exercise your rights to this leave. If they do, you can file a discrimination claim against them and seek monetary damages. Signs of FMLA retaliation in a Los Angeles workplace include:

• Termination. If you are fired by your employer for taking FMLA leave, requesting FMLA leave, or returning to your job after your protected leave, this is a direct violation of your rights, and you can file a claim against your employer.
• Discipline. If your employer issues disciplinary action, gives you a warning, or issues a negative performance review that seems unreasonable or is directly tied to your use of FMLA, this may be a violation of your rights. It is imperative that you speak with an attorney as soon as possible.
• Demotion. If you return to work and find that you have been demoted after FMLA leave to a lower-paying job or a less prestigious job, this may be a violation of your rights, and you will want to reach out to an attorney who can review your case and get you the compensation and justice you deserve.
• Reduced hours or docked pay. If you return from FMLA leave and find that your hours have been reduced or your pay docked, this is a direct violation of your California employee rights, and you may be able to file a discrimination claim against your employer.
• Hostile treatment. If you are subjected to unfair or hostile treatment at your workplace, such as denial of fair job opportunities or promotion, exclusion from meetings, or increased scrutiny, your employer may be retaliating against you for taking leave and attempting to encourage you to leave. This is a violation of your rights.

What to Do if You Have Faced FMLA Retaliation

If you have faced FMLA retaliation in Los Angeles, a trusted attorney can help you file a retaliation or discrimination claim. Your lawyer can help you file this complaint with the Department of Labor’s Wage and Hour division or may even be able to help file a claim in federal court, should the circumstances warrant such an action.

You will want to gather evidence like all documentation related to your FMLA leave, any correspondence between you and your employer, like texts, emails, or phone calls, and any statements from witnesses who can further back your claim. Your attorney can help ensure all paperwork is correctly filled out and filed through the necessary channels.

In one recent case, hundreds of thousands of dollars were recovered for an employee whose rights under the FMLA were violated by their company. The Shirazi Law Firm, PC, is here to do the same for you.

Why You Need to Hire the Shirazi Law Firm, PC

Since 2011, the Shirazi Law Firm, PC has been fighting for the rights of men and women around California when it comes to FMLA rights and retaliation cases. However, our experience spans over two decades, offering our services to ensure that California workers’ rights are protected. If you are being retaliated against at work and wondering how to file a discrimination claim, we are here to help you do just that.

FAQs

What Is the Burden of Proof for FMLA Retaliation?

To succeed in an FMLA retaliation case in Los Angeles, you, as the employee, will bear the burden of proof, meaning that you must be the party to provide evidence that shows your employer acted with misconduct or took adverse actions against you because of your protected leave. Direct evidence can include explicit comments made by your employer or documents that demonstrate your employer’s misconduct.

What if My Employer Refuses to Reinstate Me After FMLA Leave?

If your employer refuses to reinstate you after FMLA leave, it must be for a valid and legal reason. One such reason might be that your company underwent company-wide layoffs while you were gone that were unrelated to your leave. However, if your employer refuses to reinstate you simply because you took said leave, this is a violation of your rights, and you can file a discrimination or retaliation claim.

Can I Use FMLA Leave for Mental Health Reasons?

Yes, you may be able to use FMLA leave for certain mental health reasons in California. In 2023, around 1,250,000 California residents reported that they were suffering from a serious mental health condition. If you meet all the other requirements under FMLA leave, you may be able to file a request for leave, and your employer cannot retaliate against you.

How Can an Attorney Help Me?

FMLA retaliation cases can be extremely difficult, and it is wise to have an attorney at your side. Your attorney can evaluate your case, gather evidence to support your claim of retaliation, assist you in filing your official complaint, negotiate with your employer, and litigate your case if such an action becomes necessary.

Hire an FMLA Retaliation Lawyer From the Shirazi Law Firm, PC, Today

Retaliation in any form is illegal in California. Whether you are facing retaliation for inquiring about FMLA or have taken your allotted time off to care for a sick family member, the team at the Shirazi Law Firm, PC, is here for you. You need to protect your rights now, and we are prepared to do whatever it takes to get you the compensation you deserve. Contact us to schedule a consultation, learn more about our services, and hire an FMLA retaliation lawyer today.