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Determining retaliation after FMLA leave

If a Florida worker files a claim against an employer regarding retaliation for taking leave under the Family and Medical Leave Act, the court may look at remarks made by supervisors as well as the the timing of the leave and alleged retaliation. This was the case in the U.S. District Court for the Eastern District of New York on May 6 regarding a claim of FMLA-related retaliation. The court found that these factors made it an issue that could go to trial and denied the employer a summary judgment.

The case involved a woman who requested two weeks of FMLA leave to take care of her son in October 2014. Eventually, her leave was extended to December. However, her supervisor reportedly said the request was "unreal" when the woman submitted disability paperwork. She ultimately did not return to work until the following February, where she was transferred to a new position. The company cited budget cuts. Later, she requested and received more leave, was declared permanently disabled and did not respond to attempts to contact her. The company terminated her.

The plaintiff's lawsuit alleged a number of violations, including race discrimination, disability discrimination and retaliation. The court found the transfer triable based on the supervisor's remarks, the timing and the fact that she was the only employee affected.

People who believe they are facing discrimination at work or that they are being retaliated against for taking FMLA leave may want to consult Boca Raton, Florida, FMLA discrimination law firm assistance. The person may be advised to document the retaliation, and an attorney may be able to explain what constitutes retaliation and how to proceed. Retaliation may include termination or demotion.

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