How Long Does an FMLA Retaliation Claim Take in Los Angeles?

As an employee in Los Angeles, you’re entitled to leave to take care of a sick relative or manage your own illness or injury. When your employer violates your rights and retaliates against you for taking leave, you can file a claim to recover damages for your loss. But how long does an FMLA retaliation claim take in Los Angeles?

It’s important to know that the process to recover compensation can vary in duration, but an experienced attorney can be your guide every step of the way.

How Does the Family Medical Leave Act (FMLA) Protect Employees?

Passed in 1993, the FMLA guarantees job protection for up to 12 weeks when an employee needs to take off to take care of a family member who’s suffering from a serious medical issue or to deal with their own illness or injury. What’s more, the law also ensures your benefits are protected while you’re on leave. FMLA doesn’t grant paid leave, but there are other laws in California that may grant you this right.

Additionally, the law also protects workers from any form of retaliation for requesting or taking leave. This means your employer cannot demote you, cut your salary, harass you, issue you worse assignments, or penalize you in any way for taking FMLA leave—something a Los Angeles employment lawyer can help you address if it occurs.

Forms of Retaliation for Taking FMLA Leave

With nearly 60% of federal workplace discrimination investigations being for retaliation, it’s essential that California workers who fear they’re being punished for taking FMLA leave know what behaviors to keep an eye out for. Forms of retaliation for taking leave may include:

• Termination
• Harassment
• Demotion
• Salary cuts
• Exclusion from training and other events
• Denied raises
• Denied promotions
• Disciplinary actions

The FMLA Retaliation Case Process

FMLA retaliation cases typically follow a clear process from start to finish, but the timeline it takes to resolve the case varies depending on the complexity of the case and other factors. The case formally begins by filing a complaint with the California Civil Rights Department (CRD), explaining the details of the retaliation and including any evidence you may have. The CRD will review the complaint and determine if further investigation is necessary.

If the complaint is accepted, the CRD will begin collecting evidence from both the employee and the employer by interviewing witnesses and reviewing employment records and communications. If the CRD finds evidence of retaliation, the parties typically go to mediation to attempt to reach a settlement.

If settlement negotiations fail, the employee can file a claim with the court. Generally, the filing and investigation process takes six to 12 months, while it could take over a year and a half to resolve.

An Employment Law Firm Protecting Your Rights to FMLA Leave

In 2024, the Civil Rights Department investigated 6,089 allegations of workplace retaliation, including retaliation for taking FMLA leave. With so many reports of retaliation, the importance of working with an experienced attorney is clear.

For over 15 years, Shirazi Law Firm, PC, has been advocating for the rights of workers who have been punished for taking family and medical leave. You can trust our team to give you the compassionate and dedicated support you need to navigate the retaliation claims process. Whether in settlement negotiations or at the First Street Courthouse in Los Angeles, we’ll stand by your side and pursue the damages you deserve.

FAQs About FMLA Retaliation Claim Duration in Los Angeles

How Long Does It Take to Settle a Retaliation Case?

How long it takes to settle a retaliation case varies, with factors such as the complexity of the case, the experience of your attorney, and the evidence available informing the time it takes to resolve. When you have a compelling case created with strong evidence handled by an experienced lawyer, you can expect the case to settle quickly. Without knowing the specifics of your case, it’s difficult to say how long it will take for you to receive a settlement.

What Evidence Do I Need to Prove Retaliation?

To prove retaliation in the workplace, you need evidence of three core elements. First, you must show that you engaged in a protected activity. As a worker in California, you have the right to take family or medical leave. Then, you must show that you suffered an adverse action such as termination, demotion, or harassment. Last, you’ll need to show that the action was tied to the protected activity, often by using emails, performance reviews, or testimony from witnesses.

Do I Need an Attorney for My FMLA Retaliation Case?

While you do not legally need an attorney to file an FMLA retaliation case, you’d likely be better off consulting with an experienced lawyer. An experienced FMLA attorney can help you collect evidence of the discrimination, negotiate with your employer for a settlement, and pursue court action if necessary. What’s more, Los Angeles FMLA laws can be complicated, but a lawyer can help you navigate the legal system and help protect your rights.

What Is the Average Retaliation Settlement in California?

Because settlements are typically confidential, it’s difficult to say what the average retaliation settlement is in California. More than that, knowing what the average settlement amount is doesn’t exactly help you understand what your case is worth.

Your settlement offer should reflect your economic and non-economic damages, which include your lost wages, benefits, and bonuses, in addition to pain and suffering. Without knowing the specifics of the case, it’s hard to say what compensation you deserve.

Hire an FMLA Lawyer From Shirazi Law Firm, PC

When you take leave to take care of a family member or recover from an illness or injury, you shouldn’t have to worry about facing retaliation in the workplace. You have legal rights, and you have options to pursue compensation for wrongful termination, demotion, harassment, or any other mistreatment.

Hire an FMLA lawyer from Shirazi Law Firm, PC, to help you recover damages for your losses. Our team can investigate your case, collect evidence of retaliation, and represent you in negotiations or court proceedings.

Contact Shirazi Law Firm, PC, today to schedule a case review. We’ll discuss the retaliation, explain your legal options, and begin building a strategy. Allow us to be your trusted ally throughout the legal process.