What if my employer retaliates against me for taking FMLA leave?

If your employer retaliates against you for taking FMLA leave in California, you may be able to file a lawsuit for damages. Under the California Family Rights Act, employers cannot retaliate against employees for taking protected leave, including FMLA leave. Retaliation includes any action or decisions made by the employer that negatively affect the employee’s employment, such as demotion, termination, denial of benefits, reduced hours, or harassment. If you believe your employer has retaliated against you, you should first seek human resources or legal advice. Document any harassment or negative actions taken by your employer. You can file a complaint with the California Department of Industrial Relations or the US Department of Labor. If the issue is not resolved through the agencies, you can file a lawsuit for damages. In California, these lawsuits must be filed within one year of the retaliatory act. In some instances, it may be possible to file a complaint beyond the one year time period. If you are successful in your lawsuit, you may receive compensation for lost wages, emotional distress, or any other damages. You may also be eligible to receive attorney’s fees. It is important to note that while it is illegal for employers to retaliate against employees for taking FMLA leave, employers have the right to make decisions about performance or other employment-related issues that are based on job performance or other valid business reasons. Therefore, if you are concerned about possible retaliation, it is important to get legal advice as soon as possible.

What if my employer retaliates against me for taking FMLA leave?

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