Minneapolis FMLA Lawyer
We have developed a sub-focus in Family and Medical Leave Act (“FMLA”) law, having brought numerous lawsuits on behalf of employees whose employers violated their FMLA-protected rights.
The FMLA requires employers to provide eligible employees with 12 weeks of job-protected unpaid leave to care for their own or an immediate family member’s serious health condition, or to care for a new child (birth, adoption, or foster care). Employees are eligible for FMLA leave if they (1) worked for their employer for at least 12 months, (2) worked at least 1,250 hours during the 12 months immediately preceding the beginning of the leave, and (3) worked at a worksite where 50 or more employees are employed within 75 miles of that worksite. Employees who exercise leave are entitled to reinstatement to the position they held before taking the leave or to an equivalent position.
Employees do not have to say the magic words “FMLA” or “Family and Medical Leave Act” to qualify for FMLA leave. In most cases employees only need to put their employer on notice that their situation may qualify as an FMLA-protected event, and it is the employer’s responsibility to offer the employee FMLA leave.
Finally, the FMLA protects employees against discrimination for exercising their rights under the FMLA, so that employers cannot use the taking of FMLA-qualified leave as a negative factor in any employment actions, such as promotion, discipline, layoff or termination, whether for cause or for any other reason.
We take most cases on a contingent fee basis, which means you owe us nothing unless we are able to recover money for you.
Our client, a Director of Human Resources, took approved FMLA leave to care for her own serious health condition. On the day she returned to work, her employer fired her without providing any reason. We sued her former employer on her behalf and settled the case for an amount equal to a year’s salary, an amount more than four times the severance payment initially offered.
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