OVER
recovered for our employment law cases
Employees in New York have a legal right to take unpaid, job-protected leave for medical and family reasons. Whether you’re recovering from surgery, caring for a parent, or welcoming a new child, you shouldn’t fear losing your job. The Family and Medical Leave Act, or FMLA, protects eligible employees, but employers don’t always follow the law.
If your employer interfered with your rights under the FMLA or retaliated against you for taking your legally protected leave, the New York Family and Medical Leave Act lawyers at Joseph & Norinsberg can help you hold your employer accountable for your financial losses. Call us at 212-227-5700 today for a free consultation.
How Our New York FMLA Lawyers Can Help
Our firm has more than 100 years of collective experience fighting for workers’ rights. We provide unyielding representation and compassionate counsel in every case and have extensive knowledge of the ever-evolving area of employment law. Due to our relentless work ethic and exceptional trial skills, we regularly secure substantial settlements and significant verdicts on behalf of our clients.
Our New York City FMLA lawyers will guide you through every step of the FMLA claim process. We’ll work closely with you to evaluate the facts of your case and document your employer’s violations. Then, our legal team will communicate with your employer and attempt to negotiate a settlement. However, if a resolution cannot be reached, we are prepared to file a claim with the U.S. Department of Labor or proceed to litigation.
Recovering Your Damages
You may be entitled to a wide range of damages in an FMLA claim, including compensatory damages and equitable relief. If you can establish that your employer violated the FMLA, an employment attorney can help you recover:
- Back pay: This covers the wages and benefits you lost from the date of the violation until the conclusion of your case.
- Front pay: This is compensation for the future earnings you would have received, but for the employer’s violation.
- Liquidated damages: An award of liquidated damages is equal to the amount of compensatory damages you receive.
- Attorney fees: You may be awarded reasonable attorney fees and court costs.
- Reinstatement to your old position: If you were wrongfully terminated or demoted for taking job-protected leave under the FMLA, a court may order you to be reinstated to your previous position.
Our FMLA legal team will advocate tirelessly on your behalf to pursue the maximum amount of compensation available under the law in your case.
Our Results
We’ve won millions for clients who experienced workplace discrimination:
- Attorney John Meehan secured a $3,000,000 settlement for a hedge fund executive who was wrongfully terminated due to disability discrimination. By aggressively challenging the employer and leveraging the threat of arbitration, we were able to significantly increase the client’s severance package and deliver the justice he deserved.
- Attorney Diego Barros obtained a $1,350,000 settlement in an employment law case involving 12 individuals who faced workplace discrimination and retaliation based on race and gender. We stood up for their rights and helped secure justice and compensation for the harm they endured.
- Attorney Diego Barros secured a $750,000 settlement in a wage and hour case involving 25 employees of a cleaning company. The workers had been underpaid due to the employer’s unethical timekeeping practices. We successfully fought for fair compensation on their behalf.
What Does the Family and Medical Leave Act Cover?
The federal FMLA offers up to 12 weeks of unpaid job-protected leave each year to eligible employees for specified medical and family reasons. To be eligible under the FMLA, you must have worked for the employer for at least 1,250 hours in the 12 months before the leave begins. In addition, you must work at a location where the employer has at least 50 employees within a 75-mile radius.
Specifically, the FMLA applies in the following medical and family situations:
- Parental leave for the birth and care of a newborn child
- The placement of a child for adoption or foster care
- Sick leave for an employee’s serious health condition
- Caring for a spouse, child, or parent who is seriously ill
- Military family leave matters
What Are Some Common FMLA Violations Committed by Employers?
An employer may not interfere with an employee’s FMLA leave or deny their right to take it. Common FMLA violations committed by employers include the following:
- Denying eligible leave requests: These types of violations can occur when an employer wrongfully claims you do not meet the eligibility requirements or your reason for leave isn’t covered under the Act.
- Discouraging employees from taking leave: The law prohibits more than just denying requests. It bars any interference, such as threats or discouragement.
- Firing or demoting an employee for taking leave: An employer may not terminate an employee for taking leave under the FMLA or demote them upon their return.
- Retaliation after returning to work: Retaliatory actions can include reducing your pay, transferring you to a less desirable position, excluding you from meetings, or denying you a promotion.
- Misclassifying employees as ineligible: An employer may not misclassify an employee as ineligible for FMLA leave to avoid complying with the law.
If your employer committed an FMLA violation, write down all instances of retaliation or adverse employment actions. Retain copies of emails with your employer, communications with your doctor, and any other relevant correspondence. A New York City FMLA lawyer can assess your claim and best advise you regarding your legal options.
Legal Protections for Employees in New York
In New York State, employees are protected by the federal FMLA and the New York State Paid Family Leave Act, or NYPFL.
The NYPFL provides eligible employees with 12 weeks of paid leave. Qualifying reasons include bonding with a newborn, caring for a sick or injured family member, or caring for loved ones when a family member is deployed on active military duty. You cannot take paid leave under the law for your own condition.
In some cases, the state family leave law offers eligible employees more expansive protections than the federal FMLA. Most importantly, the New York law ensures employees receive a portion of their regular salary while on leave.
Here are some of the legal protections afforded to employees under the federal and state laws:
- Job protection: Both the FMLA and the NYPFL provide job protection during leave. Employees have the right to return to the same job or an equivalent position after their leave.
- Health Insurance Continuation: Employers must maintain health benefits under the same terms during FMLA leave. The NYPFL also mandates continued health coverage for employees on leave.
- Anti-retaliation protections: Employees are protected from retaliation and discrimination, such as termination or demotion, for taking leave.
- Paid leave benefits: While the FMLA only offers unpaid leave, the NYPFL allows employees to receive a portion of their weekly wages while on leave.
Notably, the NYPFL also has an expanded definition of family. The Act allows employees to take leave for a broader range of family members, including domestic partners, grandparents, and siblings. The FMLA defines family more narrowly, covering only immediate family.
Why Choose Our New York FMLA Lawyers?
Our skillful and compassionate Family and Medical Leave Act lawyer team understands how stressful it can be to face an FMLA claim. We are willing to take on large corporations and fight for the justice our clients deserve.
We will help you navigate the process of filing a claim and provide you with the experienced counsel you need every step of the way. Our skilled and knowledgeable employment lawyers will investigate your case, gather evidence, explain your rights, file your claim, negotiate for a settlement, and fight for you in court.
Here’s what our clients have to say about our representation:
Contact a New York Family and Medical Leave Act Lawyer
If you believe your employer violated the FMLA, don’t hesitate to stand up for your legal rights. Our team is ready to assist you and obtain the compensation you are rightfully entitled to. Contact us online or call 212-227-5700 today for a free consultation.
An extensive track record of success has resulted in Jon becoming one of the top civil rights litigators in New York City. A true trial lawyer, he is not intimidated by the intense challenges complex civil rights and constitutional law cases present.
- New York Age Discrimination Lawyer
- New York Disability Discrimination Lawyer
- New York Gender Discrimination Lawyer
- New York Pregnancy Discrimination Lawyer
- New York Race Discrimination Lawyer
- New York LGBTQ Employment Discrimination Lawyer
- New York Weight Discrimination Lawyer
- New York Religious Discrimination Lawyer
Increased client’s severance for being discriminated against for their disability.
Defended 12 individuals facing discrimination and retaliation based on race and gender in the workplace.
Race discrimination case against a luxury brand in the fashion industry (confidential).
