Legal Question in Employment Law in Georgia

I am 17 year employee of an insurance company. I recently was out on FMLA for about 6 weeks for a hysterectomy. Within two weeks of my return, I was disciplined and a work at home day was taken as away as a benefit. I believe it was retaliation for the leave, would I have recourse

Asked on 8/11/16, 10:44 am

1 Answer from Attorneys

Michael Caldwell DeLong, Caldwell, Bridgers & Fitzpatrick LLC

I am sorry to read this. An employer who retaliates against someone for having taken FMLA leave violates the FMLA. This can subject the employer to liability for damages if you suffered the loss of earnings. It also can subject the employer to injunctive relief, which means a court could order the employer to reinstate your lost benefit. Finally, if the employer loses an FMLA case, it has to pay your attorneys fees. The problem, of course, is that you have to prove that the employer's action was motivated by the exercise of your rights under the FMLA. You would have to prove this either through direct evidence (i.e., where the employer admits it took the adverse action because the employee exercised a right protected by the FMLA--a very rare situation), or through indirect or circumstantial evidence. This is evidence from which a jury would deduce that the employer's motive for the adverse action was the exercise of your protected right to take FMLA leave.

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Answered on 8/11/16, 11:01 am

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