Mequon, Wisconsin Pregnancy Discrimination and FMLA Attorneys
At the Heins Law Office, our lawyers seek damages from employers who are guilty of pregnancy discrimination and violations of the Family Medical Leave Act (FMLA). The FMLA was signed into law in February of 1993. Under its terms, employees are allowed to take time off after the birth of a child, receive treatment for a serious health condition, or to take care of a sick family member without risk of losing their job. Disabled employees may also have additional rights under the Americans with Disability Act (ADA).
Whether you're currently being denied FMLA leave or have been fired due to pregnancy discrimination, disability discrimination or illness, it's important to contact a pregnancy discrimination attorney to protect your rights. Call our office today at 262-241-8444 or 866-241-8444 and schedule a free, confidential consultation to discuss your case.
In order to be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months. While mandated by the federal government for employers with 50 or more employees, not all employers are willing adherents to the law. Occasionally, an employer will use alleged job performance issues to discriminate against a pregnant woman or a sick employee in order to deprive them of their job and rights under the FMLA.
Working with investigators, computer specialists, and other experts, we subpoena company E-mails, memos, human resources records, and other documents that may reveal a pattern of discrimination and harassment against disabled workers or those who have requested FMLA leave.
What are My Rights under FMLA?
Employees are entitled to the following rights and protections under the terms of the Family Medical Leave Act:
When Leave should be Granted
- Time off to care for a new child, including adopted children or placement of children in foster care.
- Time off to care for a sick parent, spouse, or child.
- Leave due to illness, surgery, or other medical reasons.
Your Protections under FMLA
- Employees retain the same benefits on leave that they enjoyed while actively working. These benefits must be reinstated upon your return to work as well.
- Right to return to same job after leave has ended. If your job was filled, your employer must provide a job similar in nature with the same benefits and comparable pay.
- An employer cannot discriminate or attempt to retaliate against an employee for asserting their rights FMLA rights.
- An employer cannot seek to impede or deny an employee of the rights guaranteed to them under FMLA.
Recognizing Discrimination - When it's wise to Consult an Attorney
An employer can use a number of different excuses to fire someone or make it almost impossible for them to take FMLA. For instance, a mother-to-be might tell her boss she just learned she is pregnant and will be taking FMLA after the baby arrives. In the intervening months, her boss set her up for failure by making unreasonable demands on her time. Alternatively, as an "at will" employer, her boss may claim her job performance is unacceptable, forcing him or her to let her go.
Equally discriminatory are heavy-handed tactics intended to intimidate employees. Here, a human resource manager may choose to misinform a sick employee about their rights under FMLA. Or, continual, constant almost-harassing reporting may be required of a sick employee - all intended to discourage them from trying to protect their job.
Contact a Pregnancy Discrimination Lawyer Today
In cases involving pregnancy discrimination and harassment, a pattern usually emerges as revealed in E-mails, memos, hiring and firing practices, and instructions from bosses and HR representatives. Our attorneys expose these patterns and demand compensation for our clients. To learn more about how we can help protect you and your job, contact the employment rights attorneys at the Heins Law Office today.
Heins Law Office LLC
1001 West Glen Oaks Lane
Suite 108
Mequon, WI 53092
Phone: 262-241-8444
Toll Free: 1-866-241-8444
Fax: 262-241-8455
Email
~Employees have rights. We defend them~
