How an FMLA Lawyer Can Help You
What You Need to Know. Encouraging People who have faced FMLA discrimination, FMLA Interference, for FMLA Wrongful Termination read this Comprehensive Guide.
How an FMLA Lawyer Can Help You Get the Compensation You Deserve
What You Need to Know. Encouraging those who have faced FMLA discrimination, FMLA Interference, for FMLA Wrongful Termination read this Comprehensive Guide.
Are you an employee in Pennsylvania with a major medical issue that requires time off from work? Do you fear that your employer may try to force you to quit rather than accommodate your needs? If so, you need to understand your rights under the Family Medical Leave Act (FMLA). It is illegal for your employer to interfere with your right to take FMLA leave or to retaliate against you for taking FMLA leave.
FMLA Eligibility Requirements: Are You Eligible for FMLA Leave?
FMLA is a federal law that requires certain employers to provide up to 12 weeks of unpaid leave to employees for their own serious health condition, to care for a family member with a serious health condition, or for the birth or adoption of a child. The law also requires employers to maintain the employee’s health insurance during the leave.
To be eligible for FMLA, an employee must have worked for the employer for at least 12 months, have worked at least 1,250 hours during the previous 12 months, and work at a location where the employer has at least 50 employees within a 75-mile radius. Once you qualify, you must provide your employer with notice of your need for leave and anticipated start and end dates.
Understanding the FMLA: How to Apply for FMLA Leave and Use It Effectively
If you are eligible for FMLA, you must provide your employer with notice of your need for leave. This notice must include the expected duration of the leave, the reason for the leave, and the anticipated start and end dates. Your employer may require you to provide a medical certification from a health care provider. During the FMLA leave, your employer must maintain your health insurance benefits as if you were still working. Your employer must also reinstate you to your same or an equivalent position when you return from leave.
How to Use Short-Term Disability and FMLA Together
It is essential to note that short-term disability is a form of insurance that is independent of FMLA leave. When a person faces a major medical issue, they may be unable to work for an extended period. This is where the Family and Medical Leave Act and short-term disability (STD) insurance come into play. FMLA provides job-protected leave to employees, while STD provides wage replacement when an employee is unable to work due to a non-work-related injury or illness. Using FMLA and STD together can maximize the protection and benefits that an employee receives. Here are some tips on how to effectively use both:
- Understand the differences: FMLA provides job-protected leave for up to 12 weeks, but it does not provide wage replacement. STD provides wage replacement, but it does not protect your job. Understanding the differences between the two can help you decide how to best use them together.
- Apply for FMLA first: If you are eligible for FMLA, apply for it first. This will protect your job while you are unable to work due to a serious health condition.
- Apply for STD: Once you have applied for FMLA, apply for STD insurance. This can provide wage replacement while you are unable to work.
- Keep in touch with your employer: While on leave, keep in touch with your employer and keep them updated on your condition. This can help ensure a smooth transition back to work when you are able to return.
- Understand the limitations: Both FMLA and STD have limitations. FMLA provides up to 12 weeks of job-protected leave, and STD typically provides wage replacement for up to 26 weeks. Understanding the limitations can help you plan for your return to work.
By using FMLA and STD together, you can maximize your protection and benefits while dealing with a major medical issue.
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After dispensing thousands of legal consultations to potential clients, I can easily say it’s my favorite part of my practice. My guidance, even if I can’t accept them as a client, helps people immeasurably in figuring out what to do and how to move forward with their lives. I make a measurable impact every single day on many people. Who else can say that about their job? I love it. Call me. – Michael Kraemer, Esq.
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How to Recognize Instances of FMLA Interference
FMLA interference occurs when an employer violates an employee’s rights under the Family Medical Leave Act (FMLA). This can happen in various ways, such as denying an employee’s right to take FMLA leave, retaliating against an employee for taking FMLA leave, or failing to reinstate an employee to their previous or equivalent position upon returning from FMLA leave.
FMLA interference can take many forms, and it is crucial to recognize when an employer has crossed the line. An experienced FMLA lawyer can help you understand your rights under the law and determine whether your employer has interfered with those rights. If you believe that your employer has interfered with your FMLA rights, you may be entitled to compensation for any damages you have suffered.
FMLA Illegal Constructive Discharge: How to Recognize and Respond to It
FMLA illegal constructive discharge is a situation in which an employer makes an employee’s working conditions so intolerable that a reasonable person would feel compelled to resign. This can occur when an employer denies an employee’s right to take FMLA leave, pressures the employee to return to work before their doctor recommends it, or gives the employee an unreasonable workload upon returning from leave. Recognizing and responding to FMLA illegal constructive discharge can be a difficult and complex process. Here are some steps that may help:
- Recognize the signs: Some common signs of FMLA illegal constructive discharge may include being unfairly reprimanded, demoted, or passed over for promotions or pay raises, receiving a sudden increase in workload or being assigned tasks that are unreasonably difficult or impossible to complete, and being subjected to verbal abuse or harassment from supervisors or coworkers.
- Consult with an employment attorney: If you suspect that you are being constructively discharged due to your FMLA leave, it may be helpful to consult with an experienced employment attorney who can help you understand your legal rights and options.
- Document everything: Keep detailed records of any incidents that you believe are contributing to your intolerable working conditions. This includes emails, memos, performance evaluations, and any other relevant documents that can help support your case.
- Address the issue with your employer: If you feel comfortable, you may want to raise your concerns with your employer or HR department to try and resolve the issue. However, if you do not feel comfortable doing so or if your concerns are not addressed, you may need to take further action.
- File a complaint: You may be able to file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department. These agencies can investigate your case and potentially take legal action against your employer if they find evidence of FMLA illegal constructive discharge.
- Consider legal action: If your employer continues to deny your rights under the FMLA, you may need to consider legal action. This may involve filing a lawsuit against your employer, which can be a complicated and lengthy process. An experienced employment attorney can help guide you through this process and help you fight for your rights.
An Example of unlawful FMLA Interference, an example of FMLA Illegal Constructive Discharge, and an example of FMLA Wrongful Termination.
Example of Unlawful FMLA Interference:
An employee has been working at a company for five years and has a serious medical condition that requires them to take FMLA leave. The employee provides proper notice to their employer, but the employer denies their request for leave and threatens to fire them if they take the time off. The employee feels pressured to continue working and ends up suffering adverse health effects. In this scenario, the employer has interfered with the employee’s right to take FMLA leave and may be liable for damages.
Example of FMLA Illegal Constructive Discharge:
An employee has a medical condition that requires them to take FMLA leave. Upon returning to work, the employer has cut the employee’s hours, changed their job duties, and made their work environment hostile. The employee feels that they have no choice but to resign due to the intolerable working conditions. In this case, the employer has committed illegal constructive discharge by creating an intolerable work environment that led to the employee’s resignation.
Example of FMLA Wrongful Termination:
An employee takes FMLA leave for a serious medical condition and properly notifies their employer. Upon returning to work, the employer terminates the employee, claiming that their position was no longer available. However, the employer immediately hires someone else to fill the same position. In this case, the employer has committed wrongful termination by firing the employee for taking FMLA leave. The employer may be liable for damages and may be required to reinstate the employee to their previous position or an equivalent one.
How to Use a Professional Exit Strategy for Employees with Major FMLA Issues at Work
If you are an employee with major FMLA issues at work, it may be necessary to use a professional exit strategy to protect your interests and move forward with your career. Here are some tips on how to use a professional exit strategy when facing FMLA issues at work:
Assess Your Options: The first step in developing a professional exit strategy is to assess your options. This may include negotiating a severance agreement, pursuing a legal claim for wrongful termination or illegal constructive discharge, or simply resigning and moving on to a new opportunity. Consider your financial needs, career goals, and other factors when deciding on the best course of action.
Seek Legal Advice: It is crucial to seek legal advice from an experienced FMLA lawyer when developing a professional exit strategy. Your lawyer can help you evaluate your options and determine the best course of action. They can also help you negotiate a fair severance package or pursue legal claims for wrongful termination or illegal constructive discharge.
Prepare Documentation: When pursuing a professional exit strategy, it is important to prepare documentation that supports your case. This may include emails, notes, letters, and other documentation that show how your employer violated your FMLA rights and created an intolerable work environment.
Negotiate Strategically: When negotiating a severance agreement or pursuing legal claims, it is important to negotiate strategically. This may include leveraging your evidence to secure a better severance package or pursuing legal claims that provide the best outcome for your situation.
At MKO Employment Law LLC, our lawyers have successfully helped many clients develop professional exit strategies when facing major FMLA issues at work. We can help you evaluate your options, negotiate strategically, and protect your interests as you move forward with your career.
FMLA Wrongful Termination: How to Prove Your Employer Fired You for Taking FMLA Leave
How to Win Unemployment Under the Voluntary Quit Standard of 402(b) With FMLA
If you have been forced to quit because of your FMLA leave, you may be eligible for unemployment assistance under the voluntary quit standard of 402(b). This standard allows employees to receive unemployment benefits if they quit for good cause attributable to the employer. Good cause may include a significant change in job duties, a hostile work environment, or the employer’s failure to accommodate a disability.
If you have been forced to quit your job due to FMLA interference or illegal constructive discharge, you may be eligible for unemployment assistance under the voluntary quit standard of 402(b). However, winning an unemployment appeal hearing can be challenging. Here are some tips on how to win your unemployment appeal hearing if you voluntarily quit your job due to FMLA issues:
Gather Evidence: To support your case, you need to provide evidence that you had no other option but to quit your job due to FMLA interference or illegal constructive discharge. This can include emails, letters, notes, or other documentation that shows how your employer violated your FMLA rights and created an intolerable work environment.
Explain the Situation: When you file for unemployment benefits, explain to the unemployment office that you were forced to quit your job due to FMLA issues. Be sure to provide specific details and evidence of how your employer violated your FMLA rights and created an intolerable work environment.
Attend the Hearing: Attend your unemployment appeal hearing and explain your situation to the judge. Be sure to provide your evidence and documentation to support your case.
Hire an Experienced Unemployment Lawyer: Consider hiring an experienced unemployment lawyer who can help you present your case in the most effective way possible. Your lawyer can provide guidance on the legal process and help you prepare for your appeal hearing.
How to Win Unemployment Under the Willful Misconduct Standard of 402(e) While Using FMLA
If you have been fired from your job due to taking FMLA leave, you may be eligible for unemployment benefits. However, you may also be subject to the willful misconduct standard of 402(e), which can make it more challenging to receive unemployment benefits. Here are some tips on how to win your unemployment appeal hearing under the willful misconduct standard of 402(e) while using FMLA:
Understand the Willful Misconduct Standard: Under the willful misconduct standard, you may be ineligible for unemployment benefits if you were terminated due to a deliberate or intentional violation of your employer’s policies or if your actions were grossly negligent. This standard requires your employer to prove that you committed willful misconduct, so be sure to carefully review the evidence they present.
Explain the Situation: When you file for unemployment benefits, explain to the unemployment office that you were fired from your job due to taking FMLA leave. Be sure to provide specific details and evidence of how your employer violated your FMLA rights and fired you in retaliation for taking leave.
Attend the Hearing: Attend your unemployment appeal hearing and explain your situation to the judge. Be sure to provide your evidence and documentation to support your case. Also, bring an experienced unemployment lawyer who can help you present your case effectively.
Show That Your Actions Were Not Willful Misconduct: To show that your actions were not willful misconduct, you need to demonstrate that you did not violate any of your employer’s policies intentionally or with gross negligence. You also need to prove that you had a legitimate reason for taking FMLA leave and that your employer’s actions were retaliatory.
At MKO Employment Law LLC, our lawyers have successfully represented many clients in unemployment appeals related to FMLA issues. We can help you navigate the complexities of the law, present your case effectively, and increase your chances of winning your unemployment appeal hearing. Contact us today to schedule a consultation and learn how we can help you.
MKO Employment Law LLC: Protecting Your Rights and Seeking Justice for FMLA Issues in Pennsylvania
If you’ve been Illegally Terminated or Wrongfully Terminated, or Constructively Terminated, or need to use a Professional Exit Strategies or Strategic Separation Packages, we’re here to help. Don’t let the stress of a legal battle hold you back. Call us today to schedule a free consultation and see if you qualify for our services. Finding a lawyer who’ll work on contingency can be challenging, but we make it easy at MKO Employment Law LLC. We offer a free online or phone consultation, and we are available from 7am-7pm Monday through Friday, and 8am to 3pm on Saturday and Sunday. We’re dedicated to helping employees fight for their rights, and we’re committed to achieving the best possible outcome for each of our clients. Call us today. In conclusion, if you are an employee in Pennsylvania facing major FMLA issues at work, you have rights that need to be protected. It is important to consult with an experienced FMLA lawyer like MKO Employment Law LLC to protect your rights, seek the compensation you deserve, and get the professional support you need to move forward. Contact us today to schedule a consultation and let us help you get the justice you deserve.
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“Providing you a path forward in your life, career, and recovering the compensation you deserve.™”
MKO is a “boutique firm” which means that we focus on a niche area and offer highly specialized services to clients who are looking for the personal touch within our area of expertise: Employment Law. Boutique law firms are not a general practice or one-stop legal shop, and that’s a good thing. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case. Look for a law firm that primarily practices the area of law that you need. If that’s all they do, chances are, they do it very well. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™” Confidentiality is key, for everyone. Are you a victim? MKO’s employment lawyers are always available for the clients. You can contact us anytime for a case assessment and evaluation.
Ten Reasons You Want MKO As Your Employment Counsel
1. Focused Employment Law Practice
MKO is a “boutique law firm” which means that we concentrate on this niche area and offer highly focused employment law services to clients who are looking for the personal touch. Boutique law firms are not a one-stop legal shop, and that’s a good thing. While a long roster of diverse legal services may look impressive on paper, it’s fairly pointless in practice. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case. Look for a law firm that only practices in the area of law that you need. If that’s all they do, chances are, they do it very well.
2. Technology Driven & Experts in the Cloud
We provide immediate legal consultations, operate a paperless law firm, use advanced cloud storage, digital signatures, electronic forms, and can review your documents using screen share technology instantaneously. MKO is technologically savvy, nimble, flexible, and efficient.
We are not confined to our office, chained to a desktop computer, or burdened with IT maintenance. Thanks to the smart use of technology we can focus on providing our clients with the best representation possible. By streamlining our practice we can focus on what our clients hire us to do – advocate on their behalf and work diligently toward a desired result.
3. Legal Advice Instantly From The Comfort of Home
MKO can provide superior legal services through adaptive use of new technology and provide the majority of legal assistance while you are comfortably working from your home. It just also happens it's better, easier, and faster for our clients - they really appreciate it. We seamlessly and interactively collaborate with you in a relaxed environment where you have all of your files in your immediate control. We find this is the absolute best way to provide legal advice to our clients on complex legal issues, hands down.
The old style of coming into our office with binders of disjointed and unsearchable paperwork, of which we to organize and figure out on the fly, is incredibly wasteful, time-consuming, inefficient, and not highly productive. Because of our integration with technology, we are ready to work with you on highly intricate matters on a moments notice, no matter where you (or we) are.
4. Discreet When Necessary
While many cases require that we go to court to seek justice, there are a substantial number of disputes that need to be handled discreetly. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™”
Confidentiality is key, for everyone.
5. Experience, Professional, & Integrity
Through representing and managing thousands of employment situations, rest assured there is help or a path forward for your situation. For example, Partner Christi Wallace has personally represented over 1000 clients and has managed hundreds more for associates that worked for her in just her first 10 years!
6. Highly Responsive Attorneys
We always get the question, "If I choose to have you represent me, will it be difficult for me to get in touch with you?"
Absolutely not, we even make ourselves available to clients beyond our normal business hours! Further, when you call us your attorney answers, not a secretary who puts you on hold for 20 minutes, then tells you that you can leave a voicemail for your attorney. Besides the MKO office phone number, our clients can contact their attorney via mobile, SMS & texting, business email, and an urgent emergency email. For example, we can often respond to a text message in just a few minutes. Experience a better, faster, and more efficient way to work with an attorney. MKO believes that clients can and should depend on the fact that we’ll respond quickly.
7. Attorneys Available 74+ Hours Per Week
Employment Attorneys are available at least 74 hours per week by phone, email, and text messaging. Don't be fooled by marketing, many law firms are using non-attorney 3rd party answering services and advertising "Phones Answered 24 Hours A Day, 7 Days A Week." We pick up our own phones, respond to our own emails and text messages, and use real attorneys, 74+ hours per week.
M-F 7am-7pm
Sat/Sun 8am-3pm
8. Practical Advice From Seasoned Professionals
MKO strongly believes that every situation is distinctly unique and therefore we must endeavor to find the right solution for that particular issue. Because we are a boutique employment law firm, we strive to find unique and innovation solutions for our clients in every circumstance. We take action when necessary, put together deals when possible, and work with our clients so we can be creative and find smart solutions instead of needless litigation. We want to protect your interests now and in the future.
9. Contingency Representation
Contingency Legal Representation is where you do not have to pay your lawyer up front. This is fantastic if you are offered this option. Lawyers and litigation costs are incredibly expensive if you pay hourly. With contingency representation, you are not faced with large legal bills and expenses that are daunting and causes slow downs while waiting for a retainer to be replenished. Further, when you're offering to pay anyone up front and hourly, it seems they'll take almost any case - so long as they are getting paid. Funny how that works. Here's how we help:
- People can afford an attorney. – Without the benefit of contingency, it would be very difficult for a person who was recently separated from their job to afford an employment lawyer.
- MKO only gets paid if there is a recovery. – We put our money where our mouth is, if we don't get a recovery, you don't owe legal fees and costs.
- Contingency representation says something about your case. – Considering MKO only will get paid if there is a recovery, you can assume we like to cases that we believe have merit.
- Helps people can move on with their lives – Instead of racking up debt to pay for legal help, our contingency representation lets you move on with your life as we deal with the legal stuff. This is exactly what MKO stands for, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™"
10. Keeping Costs Low To Focus On Your Case
Our clients understand that their representation is are far more important than an expensive address. Some law firms might be battling an extremely burdensome and large cost overhead. In other words, to survive, they may need to be a "factory firm" or "volume practice" that needs to process a vast amount of cases to be able to afford their superfluous costs, expenses, and overhead. We aggressively keep costs down so we can focus on you.
Don't want to be treated like an account number, a settlement figure, or a wheel that needs to be turned to keep the law firm getting paid? We keep our costs low and use this financial freedom for our clients best interests.
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Hours Open Every Week
Clients & Cases Managed
Wrongful Termination
We help people fired, or soon to be fired, when they have been treated unfairly, illegally, or unjustly.
Employment Discrimination
Race, religion, gender (including pregnancy, childbirth, and related medical conditions), orientation, disability.
Professional Exit Strategies
Remove yourself from a toxic workplace or help with a job loss. Lawyers give you an exit strategy.
Medical Accommodations
Employees needing physical or mental health/wellness accommodations are protected.
Disability Discrimination
Many health conditions can be considered disabilities and are legally protected including retaliation.
EEOC or PHRC Agencies
Aggressive lawyering in the state and federal agencies can mean quick, quiet, and lucrative resolutions.
Age Discrimination
For those over 40 years old (but older is preferred) that experience bias based on your age.
Sexual Harassment
A range of actions from mild transgressions to sexual abuse or sexual assault. A highly serious offense.
I trusted Mr. Kraemer with a rather difficult period of time for my family, and we came out on top. He is trustworthy and honest, incredibly helpful, and understanding. Five stars aren’t enough! Him and his staff are well experienced, and won’t let up until the truth is known and justice is served. Michael, it’s been a pleasure. I hope I never need your services again! If I do, I will not hesitate to give you a call.
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Halfway to legal help. If you don't get paid, neither do we. All you need to do is call MKO!
Employment Law Ready✔ ™
Michael Kraemer was the only lawyer who took my case and would be the only lawyer I’d rely on. He kept me informed and was very intellectual on the whole subject that my case was revolved around. I give Mr. Kraemer a 10 out of 10 and I would refer him and his associates to anyone who wants a well defined lawyer.
Wrongful Termination & Discrimination Questions
To Ask During Your Free Lawyer Consultation
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=What does an employment discrimination, wrongful termination lawyer do?
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=Do I need an employment lawyer, what options do I have?
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=Can a employment attorney really help my case, even if I still work there?
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=When should I hire an employment law firm?
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=Is discrimination, illegal conduct, and severance negotiations that common?
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=How do you retain an employment attorney and is it really this easy?
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=How do I know when I need an employment lawyer?
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=When should I address discrimination at the office?
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=What is my case worth?
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=Do I have a retaliation, wrongful termination, or discrimination case?
