Florida employees know they have the right to take leave when they have certain family or medical needs. In fact, the Family and Medical Leave Act protects the rights of qualifying employees to have a certain amount of unpaid leave for things such as the birth of a child or the illness of a family member. Violating these rights can result in a lawsuit against the employer. An employee recently claimed his employer violated his FMLA rights, but he was not successful in his attempt at seeking legal recourse.
The employee filed a lawsuit after he was terminated, claiming that the firing was an act of retaliation for taking FMLA leave. The employee stated that he both informally and formally notified the employer of his intent to take time off after the birth of his second child. However, it appears that he never formally applied for the leave as required. There is no record that he completed the necessary paperwork.
His former employer maintains that his termination was for performance issues, not FMLA-related matters. A court recently recently ruled in favor of the employer. This case underlines the importance of properly documenting all matters related to employee rights and to complete the necessary paperwork for leave. If there is a problem down the road, this documentation can be invaluable evidence in the civil claims process.
When there is a problem with FMLA leave, a Florida employee does not have to handle these matters alone. An assessment of the individual case can determine if there is grounds to move forward with a civil claim against the employer. With the right help, it is possible to hold the appropriate parties accountable for violation of rights, discrimination and retaliatory measures.