If your FMLA rights have been violated, there are several things that you, as an employee, can do. While these things may be handled by yourself alone, by using an employment attorney, the outcome may be different.
It is also important that you consult with an employment attorney that specializes in FMLA before tackling any of the following scenarios, as they can better determine which approach may be best for you and your particular situation.
- Contact your employer. An employment attorney may wish to contact your employer before taking any other action, especially if you are still employed or are currently, or thinking of, taking FMLA. If your attorney is able to convince your employer to do the right thing, the more likely you are to avoid future legal issues and the hassles of dealing with them
- Utilize a mediator. An employment attorney may decide that a mediator may be best resource in order to mediate the dispute between you and your employer. Employment attorneys are able to recommend experienced mediators, as well as set up a mediation meetings.
- File a complaint. When you are denied FMLA and your rights have been violated, you can either file a complaint with the U.S. Department of Labor, or file a lawsuit in court. An employment attorney can advise you on which filing process may be right for you and your needs.
- File a lawsuit. If you elect to file a lawsuit regarding the violation of your FMLA rights in court, then it is critical to ensure you have the right legal representation. From filing a complaint, to collecting evidence, to the trial, there are complex laws and procedures that must be followed, so it is imperative that you hire an employment attorney in order to protect your interests and fight for your rights.
- Sign an arbitration agreement. In the event you signed an arbitration agreement with your employer, you may need to pursue the case through arbitration, instead of going to court. An employment attorney will not only review the arbitration agreement, helping you to determine its validity, but they can also help you to decide what the best forum for your particular case is.
From negotiations and mediation, to an agency filing or filing a lawsuit, our employment attorneys can help to fight for your FMLA rights. Contact Maduff & Maduff for more information today.