West Covina FMLA Lawyer

Not everyone is aware of their legal rights under California law regarding family and medical leave. When you or a loved one becomes severely ill or a new child has come into your family, whether through natural birth or adoption, you deserve to take time off and adjust to your new way of living. Whether you work in Walnut Valley or live near Palmview Park, an experienced West Covina FMLA lawyer is here to protect your rights to necessary time off.

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Protect Yourself and Your Loved Ones With GUZMÁN & TOKAR LLP

For years, the team at GUZMÁN & TOKAR LLP has focused solely on helping employees throughout West Covina navigate the complexities of employment rights cases. If your rights under the Family and Medical Leave Act have been violated by your employer, or you have been wrongfully terminated while seeking necessary leave, we are here for you.

Not only are we here to defend your rights, but we can also advocate for you to receive compensation for any losses or damages sustained due to your employer’s violations. Trust us to protect your rights and stand up for you against even the largest employers in Los Angeles County.

Your Rights to Employment Leave Under FMLA

Before you can fully understand your rights to leave under the Family and Medical Leave Act, or FMLA, you need to understand what exactly this law is. The Family and Medical Leave Act is a federal law that allows qualifying workers to take up to 12 weeks of job-protected, unpaid leave within a 12-month period. This leave can be used in the following scenarios:

• When you find yourself in need of recovery from a serious health condition, around 194 million adults in the United States suffer from a chronic health condition, the CDC reports
• When you are required to care for a close family member who has been diagnosed with a serious illness
• When a new child is brought into the family via birth, adoption, or foster care, and time is needed to establish a bond with that child
• When you need to focus on handling certain obligations pertinent to the military service of a family member

When you return from this leave, your employer must reinstate you to your same job or give you a similar position that carries the same duties, pay, and benefits. If they do not, then you may have grounds on which to file a legal claim. Keep in mind that only about 27% of private-sector employees have access to this leave.

How a Family and Medical Leave Act Lawyer Can Help

If you have suffered retaliation for taking your due FMLA leave or your employer has violated your rights to FMLA leave in some other way, the team at GUZMÁN & TOKAR LLP is here for you. Our first step will be to review your case and determine whether you should take legal action.

To prepare for the initial meeting with your lawyer, it is important to draft a full account of your experience regarding the FMLA violation and also gather evidence, like emails from your supervisors or other forms of written communication, that can help strengthen your case. Our attorneys can then investigate your case further and gather any more evidence that might be available that can shine a light on your employer’s wrongdoing.

We are also here to review your case to calculate the full and fair amount of compensation you are entitled to. Our attorneys can then negotiate with your employer regarding a settlement. When negotiations prove unsuccessful, however, because your employer refuses to cooperate, we can take them to court and argue your case before a judge.

FAQs

Q: How Much Does It Cost to Hire an FMLA Lawyer?

A: The costs involved when hiring an FMLA lawyer will depend on the exact factors of your Family and Medical Leave Act claim. These factors can include the complexity of your claim, as well as the duration, if your employer retaliated against you for exercising your rights under FMLA, and the fee structure, experience, and skill level of your attorney.

Q: How Do I Prove FMLA Discrimination?

A: To build your case and prove FMLA discrimination in California, it is essential that you and your attorney can demonstrate the existence of four main elements in your FMLA case. These four elements include the fact that you qualified for leave under FMLA, that you engaged in a protected activity while on leave, that you were negatively affected by your employer’s discrimination, and that your leave and the discrimination were directly linked.

Q: What Damages Can I Recover for FMLA Leave Retaliation?

A: Depending on the details of your unique case, there are several forms of damages you may be able to recover in an FMLA leave retaliation case. These damages include any lost wages or benefits, your attorney fees, and any applicable court costs, and possible reinstatement to your former job or front pay for any future lost earnings.

Q: Can My Employer Fire Me for Taking FMLA Leave?

A: No, if you have legally exercised your right to FMLA leave in California, your employer cannot legally fire you for doing so. While California is an at-will state, meaning your employer can fire you for any reason or no reason at all, they cannot fire you for an illegal reason, and firing someone simply for exercising their right to FMLA leave is illegal.

Compassionate, Client-Centered Support

Free 30-Minute Consultation

Se Habla Español

Hire an FMLA Lawyer Serving West Covina Today

If you or a loved one has been the victim of a FMLA violation or any kind of employment retaliation involving FMLA, you need to hire an FMLA lawyer as soon as possible. At GUZMÁN & TOKAR LLP, we are here to help.

We have a proven track record of success in handling these cases and are now ready to bring our client-focused service to you. Contact our offices today to learn more and schedule your initial consultation. Our legal team is ready to help you.