Oakland, CA asked in Employment Law for California

Q: How is Family Medical Leave Act enforced by courts? What is the procedure for filing? Federal court? Do I need a lawyer?

The supervisor has admitted feeling that "trust was breached" as a result of me taking FMLA leave and also quoted "once it is violated, trust is hard to get back". Constant harrassment and intimidation tactics employed against me despite 3 consecutive shining evaluations (annual).

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1 Lawyer Answer
Glen D. Duvel
Glen D. Duvel
Answered
  • Santa Ana, CA
  • Licensed in California

A: The FMLA are a set of laws in place governing, among other things, an employee's right to leave from work and an employer's obligation to provide employee's leave from work. Your pontential lawsuit would be termination or constructive discharge based on retaliation in violation of public policy (the public policy being your rights to take time off pursuant to the FMLA). It would be procedurally be handled like any other civil lawsuit in Court.

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