A great deal of our practice involves interfacing with federal agencies, but they’re not all the same. The National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), and the Department of Labor (DOL) are three distinct federal agencies in the United States, each with different responsibilities related
FMLA
Are You Being Retaliated Against or Harassed for Taking FMLA Leave?
The Family and Medical Leave Act (FMLA) is vital in protecting employees who need time off for medical or family-related reasons. Unfortunately, despite the safeguards provided by the FMLA, employees remain exposed to employers’ unlawful retaliation for taking FMLA leave. Below, we’ll explore how to recognize potential signs of…
Is Discouraging FMLA Leave Unlawful Interference?
Yes. At least, in the Seventh Circuit.
Wanna know more? Of course, you do!
So let’s talk a little about the exciting (as employment law cases go) new case of Ziccarelli v. Dart, 35 F.4th 1079 (7th Cir. 2022).
In Ziccarelli, the…
Can I really be fired while on FMLA leave?
The Family and Medical Leave Act provides eligible employees with unpaid, job-protected leave for certain family and medical reasons. When employees request or take leave, these workers have protections from FMLA interference and retaliation. This means that employers may not interfere with a worker’s rights to take FMLA leave and may not take adverse employment actions (e.g., write ups, demotions, terminations) against employees for exercising their rights under the FMLA.
Am I protected under the FMLA?
For employees to have protections under the FMLA, their employer must have a minimum of 50 employees within a 75-mile radius of the work location. Additionally, the employee must have worked for the employer for at least a year and must have worked at least 1,250 hours during that year. If all these conditions are not met, the employee may not be protected by the FMLA.Continue Reading Can I really be fired while on FMLA leave?
When the Silence is Broken, and the Secret is Out. (Part 2)
When an employee’s addiction is no longer a secret at work, they may be concerned with the possibility of supervisors critiquing their work more harshly and suddenly making frequent performance complaints, or even upper management and human resources making them feel unsupported at work. When this happens, they are sure to have questions.
Can I be fired because of my addiction?
If you are wondering what the answer is to this question, the answer is – it depends. Different facts and circumstances will yield different answers.Continue Reading When the Silence is Broken, and the Secret is Out. (Part 2)