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THE EMPLOYMENT LAW GROUP®
Toll Free: 1-888-603-0983
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888 17th Street, NW
Washington, DC 20006
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10940 Wilshire Blvd.
Los Angeles, CA 90024
1 Sansome Street, Suite 3500
San Francisco, CA 94104
9701 Apollo Drive
Largo, MD 20774
The Employment Law Group® is headquartered in NW Washington, D.C., located two blocks north of the White House on the corner of 17th and I Streets, NW. The offices are conveniently accessible by Metro from the Farragut North (Red Line) and Farragut West (Blue and Orange) Metro stops. There is also ample parking in surrounding parking garages.
The Employment Law Group® law firm represents employees nationally who have blown the whistle on corporate fraud and abuse and who have been the victims of discrimination, harassment, or other violations of their civil rights. With offices in Washington, D.C., San Francisco, and Los Angeles, California, The Employment Law Group® law firm’s seasoned trial attorneys have earned a highly desirable record of favorable settlements and verdicts on behalf of its clients.
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Leave Interference and Retaliation
The Employment Law Group® law firm: Our Experience Delivers Results
Family and Medical Leave
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks unpaid leave during any 12-month period due to an employee’s own serious health condition or for the care of an immediate family member (child, parent or spouse) who has a serious health condition. Employees may also take leave due to pregnancy complications and for maternity or paternity leave when employees are going to give birth, adopt or take custody of a child.
An employee may also take up to 12 weeks of leave when a family member who is a military service member is deployed or about to be deployed. Those who need to take care of an injured service member are eligible to take up to 26 weeks of leave to do so.
While on FMLA leave, employers must continue to provide the same benefits provided before an employee took leave and, upon returning from leave, must reinstate the employee to the same position or a similar one with same benefits and seniority as before. Benefits under the FMLA are flexible, allowing employees to take leave as needed - for example, an employee may take off a certain number of hours each week to take a family member to medical appointments or may decide to work a reduced schedule to provide care to a family member or spouse.
Employees who have been the victims of discrimination because they took FMLA leave or whose employers have interfered with their right to take leave may be entitled to: reinstatement to their past position, double the amount of lost pay, reimbursement for medical expenses that would have otherwise been covered under an employer-provided healthcare benefit plan, and attorney fees and costs.
The Employment Law Group® law firm is a recognized leader in the field of employment discrimination law and has successfully fought to protect employees’ rights in the workplace:
In Breeden v. Novartis Pharmaceuticals Corp., a The Employment Law Group® law firm client was awarded a $579,338 Family and Medical Leave Act (FMLA) jury verdict. Ms. Kate Breeden worked for Novartis as a pharmaceutical sales representative and after announcing that she was pregnant, the company cut her sales territory, leaving her fewer accounts. After returning from maternity leave, the company informed her that the changes would be permanent and eventually eliminated her position all together. The jury found that Novarits retaliated against Ms. Breeden and awarded her backpay and liquidated damages.
In addition to federal protections, many states have laws similar laws that supplement the FMLA and provide even greater protection to employees who must take medical or family leave. For example:
The California Family Rights Act (CFRA) allows employees to take leave to provide care for their registered domestic partners. The CFRA also requires employers to pay for all group benefits (such as life insurance) while an employee is on a qualified leave, whereas the FMLA only mandates that employers continue paying their contribution to an employee’s health insurance. Additionally, employees who have pregnancy complications are entitled to up to 4 months’ leave under the California’s Pregnancy Disability Leave (PDL) law and, thereafter, are eligible for an additional 12 weeks of baby bonding leave under the CFRA.
The DC Family and Medical Leave Act (DCFMLA) affords eligible employees are entitled to 16 weeks of unpaid leave during a 24 month period in the event of a serious medical condition or to provide care to a family member with a serious medical condition, or upon the birth, adoption, or foster care placement of a child. The DCFMLA defines ‘family’ more broadly than the FMLA, allowing an employee to provide care for anyone related by “blood, legal custody, or marriage.” Additionally, the DCFMLA defines “family members” to include domestic partners and those who share a residence and are in a “committed relationship” with the employee.
If you feel you’ve been discriminated against because you had to take medical or family leave or your employer has been interfering with your right to take leave, The Employment Law Group® law firm is here to help.
The Jury Systems Improvement Act (JSIA) is a federal law that protects employees who serve on a jury in federal court from retaliation or other adverse employment actions by employers. Such actions include termination, coercion, intimidation, and reductions in pay, benefits, or seniority, or any other change in the conditions of employment. The JSIA grants employees the right to sue their employers in federal court and employees who experience an adverse employment action may be entitled to lost wages, reinstatement, other employment-related benefits, and attorney fees. Most states have passed laws similar to the JSIA that protect employees who serve on a jury in a state or local court.
In the case of Shaffer v. ACS Government Services, Inc., The Employment Law Group® law firm represented a client who was terminated 10 months after receiving a grand jury summons that would require him to serve on a jury two days per week. The Employment Law Group® law firm’s client Richard Shaffer prevailed over his employer’s motion for summary judgment, allowing Mr. Shaffer to present evidence at trial that his employer had retaliated against him.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides reemployment rights to returning veterans and other members of the armed forces. USERRA entitles an individual who leaves his or her civilian job for military service to a prompt reinstatement upon returning. Additionally, USERRA entitles the returning service member to the accrued seniority in terms of pay and benefits as if the service member had remained continuously employed during the leave of absence.
A service member is eligible for reemployment under USERRA if: the service member holds a civilian job with an employer, the employer is given advance notice of the military service prior to the employee’s military leave of absence, the period of absence does not exceed five years, the service member is honorably discharged, and the returning service member submits an application for return to work or reemployment in a timely manner.
Disclaimer: This website is maintained by The Employment Law Group ® law firm to provide general information about itself and the field of employment law. The information you obtain at this site is not, nor is it intended to be, legal advice upon which you should rely or act. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website does not create an attorney-client relationship between The Employment Law Group ® and the user or browser. You should not send any confidential information to us until and unless a formal attorney-client relationship has been established. If you would like to discuss your potential claim Call Us At 1-888-603-0983 or contact us by email at firstname.lastname@example.org