If you’ve recently taken a protected leave under the Family and Medical Leave Act (FMLA) and were fired, demoted, or pushed out of your job after returning, you might be wondering: Do I have a case for FMLA discrimination or retaliation? And more importantly—what are the chances of actually winning?
Let’s break it down in a way that’s easy to understand.
Understanding Your FMLA Rights in New York
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. New York employees are further protected under state-specific leave laws, like the New York Paid Family Leave (NYPFL), which works alongside the FMLA in many cases.
These laws are considered employee-friendly, meaning they were designed to protect workers from being punished or treated unfairly for taking the leave they’re legally entitled to.
What Counts as FMLA Retaliation or Discrimination?
If you:
- Were fired shortly after returning from FMLA leave
- Had your job duties drastically reduced
- Were demoted or excluded from opportunities
- Felt pushed out or forced to resign
—these could be signs of FMLA retaliation or discrimination.
What Increases the Chances of Winning an FMLA Case?
Every case is unique, but here are a few key factors that may increase your likelihood of success:
- Timing: If you were fired or disciplined shortly after returning from FMLA leave, the close timing can help strengthen your claim.
- Protected Leave: You must have qualified for and properly taken FMLA leave (typically, you worked at least 1,250 hours in the past 12 months and your employer has at least 50 employees within a 75-mile radius).
- Employer Conduct: What did your employer say or do before, during, or after your leave? If they discouraged you from taking leave or treated you differently afterward, this may support your case.
- Clear Evidence: Emails, written communication, performance reviews, or testimony showing your leave was used as a reason for termination can make a big difference.
What to Expect in New York FMLA Retaliation Lawsuits
New York courts are often receptive to employee protection cases, especially when there’s clear evidence of retaliation. In successful cases, employees may receive:
- Reinstatement to their position
- Back pay or lost wages
- Compensation for emotional distress
- Attorneys’ fees and legal costs
Final Thoughts
While not every FMLA retaliation case results in a win, the law is on your side if you’ve been mistreated for exercising your rights. The closer in time the retaliation occurred after your leave, the stronger your potential claim.
If you’re in New York and think your employer retaliated against you for taking FMLA leave, don’t hesitate to speak with an employment attorney. You may be entitled to compensation—and justice.
Need Help with an FMLA Case in New York?
If you have questions about your rights or think you were wrongfully terminated after taking FMLA leave, reach out to a qualified employment law attorney in your area today.