Family & Medical Leave Act (FMLA)

+ When is a Minnesota employer in violation of the FMLA?

There are three types of legal claims that employees may have against employers for violation of the FMLA:

• An entitlement claim occurs when you’re eligible for medical leave but your company will not let you take it.
• An interference claim occurs when an employer puts up unnecessary restrictions on your leave, gives you work or additional things to do while on leave, or otherwise interferes in your ability to claim or carry out your leave.
• A retaliation claim occurs if your employer terminates you, reduces your pay or hours, demotes you, or otherwise threatens you because of claiming or carrying out your leave.

+ How do I prove a violation of the FMLA?

First, we need to prove eligibility and that you clearly notified your employer that you needed medical leave for yourself or to care for your family. You will also have needed to comply with your employers reasonable request for information; for example, by providing a doctor’s letter for proof of illness.

Second, we need to prove that your employer did not grant legitimate FMLA leave, interfered with your ability to claim or carry out leave, or retaliated against you for doing so. In order to win a FMLA violation claim, we must prove that the stated reason for the above actions are either factually wrong or that they were not applied equally to similarly-situated employees. In most instances, we can strengthen the case by proving that the employer’s actions occurred closely in time to the date of the FMLA claim.

+ How much is a FMLA case worth?

This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a FMLA case is, we will be able to better estimate the possible outcomes during your free consultation.

+ Can I claim a FMLA violation even if I quit?

Yes. If your employer made working conditions so hostile that you had no choice but to resign, this is known as constructive discharge. FMLA violation claims may still apply under these circumstances.

+ What is the statute of limitations for a FMLA violation case in Minnesota?

The statute of limitations for a FMLA claim is two years after the last action the employee believes was in violation of FMLA, or three years if the violation was willful, meaning the employer either knew its conduct was prohibited by the statute or showed reckless disregard thereby.

+ What should I do if my rights under the FMLA have been violated?

Write everything down: what happened to you; the date that you think your FMLA rights were violated, whose actions violated them, what they said was the reason for their actions, and who was present; whether you think the reason your employer gave you was accurate and why; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.

Gather documents: proof that you requested leave from your employer under FMLA; any documents you submitted to claim FMLA leave; any written response from your employer to your FMLA claim or subsequent communication that demonstrates interference or retaliation; pay stubs; personnel files; employee handbook; any other letters, text messages, or emails from your employer that you think might be helpful. You should send a written request to your employer requesting your personnel file, which must be provided to you under Minnesota law.

If your employer has not paid you all of your wages or given you your last paycheck, request those wages in writing.