Wrongfully Dismissed For Taking Family Medical Leave
An employee is eligible for up to 12 weeks of unpaid leave from work under the Family and Medical Leave Act (FMLA) to address certain medical and family concerns. This includes serious health issues affecting the employee, pregnancy and caring for children or an ailing family member. It also covers time off to care for service members returning from military duty who have suffered an injury or illness in the line of their service. If an employer violates this law and fires an employee for taking FMLA, the employee may have a claim for wrongful dismissal.
While federal and state laws protect workers from FMLA wrongful termination, they don’t cover every situation that might lead to an unfair firing. If you believe that your employer unlawfully fired you for taking family medical leave, you should immediately consult a wrongful dismissal lawyer to see if you have a viable claim. Your lawyer will need to review the details of your case and will be looking for any documentation that you have, such as emails, status reports, or performance reviews.
If you were terminated in violation of the law, your attorney can file a lawsuit to recover damages for lost wages, emotional distress, and loss of benefits. Wrongful termination claims are often complex and require the help of an experienced wrongful dismissal lawyer to succeed.
Can an Employee Be Wrongfully Dismissed For Taking Family Medical Leave?
In the United States, most non-unionized employees are at-will employees, which means that an employer can fire them at any time, for any reason, or no reason at all. However, some states have wrongful dismissal toronto laws that prohibit an employer from terminating an employee for specific reasons, such as discrimination, harassment, or retaliation.
For example, in California, it is illegal to discriminate against an employee based on their disability and is also illegal for an employer to retaliate against an employee for seeking medical treatment or participating in rehabilitation services as part of workers’ compensation. A recent Superior Court decision in the case of Giacomodonato v. PearTree Securities Inc., a Toronto-based company, highlighted a wrongful termination that violated these protections.
For non-unionized employees in Ontario, there are fewer protections when it comes to employment. Even so, employers must give proper notice before ending an employee’s employment. It is important that you keep any documentation of communications with your employer to prove that you were given the appropriate amount of notice, and any other evidence that supports your claim for wrongful dismissal. If your employer was attempting to terminate you due to alleged misconduct, you should also provide your attorney with copies of any documents that may have been written by the employer, such as warning letters or progress reports. If you have any questions about wrongful termination, contact our office for a consultation with a wrongful dismissal lawyer in Toronto. We will be happy to advise you about the merits of your case. We offer free consultations and do not charge a fee for our services unless we recover compensation for you.
