Medical or Disability Leave Claims

West Virginia Medical, Family, or Disability Leave Claims

Employers can retaliate against workers in many ways short of termination: denial of opportunities for promotion, unfavorable hours or assignments or a denial of benefits that other employees enjoy. If you believe that your standing at work took a turn for the worse as a result of a workers' compensation or disability claim, pregnancy leave or time off from work to care for a seriously ill child or parent you are by no means alone. Contact an experienced lawyer at the Akers Law Offices in Charleston to learn about your rights to time off under state and federal law.

The classic case of employer retaliation against an employee who takes advantage of protected rights is when the worker is demoted after returning from a period of disability with workers' compensation benefits. Even if the employer disputed the workers' comp claim once the employee is cleared for full duty the company might assign lighter work for less pay on the pretext of concern for the employee's condition. The employer's real objective is to send the message to everyone else that you can expect negative consequences for filing and winning a workers' compensation claim even after you recover from a period of disability.

At the Akers Law Offices, we represent workers in all industries who experience problems in the workplace related to their use of medical leave. These problems might take any of the following forms:

• Pressure to return early from maternity leave or a period of disability
• Problems with the use of sick time
• Refusal to grant time to care for a child, spouse, or parent recovering from surgery or a serious accident or illness
• Imposing unlawful or unreasonable conditions on the right to pregnancy leave or medical visits

Whether under West Virginia law or the federal Family and Medical Leave Act (FMLA) a claim against your employer might be available in cases of termination, demotion, discrimination or unfair treatment that is meant to punish you or discourage others from taking advantage of legally protected rights. We can advise you about the best way to protect your right to disability or medical leave on your own behalf or that of a family member. We can also proceed against your employer in court or through an administrative claim if your rights have been violated.

To learn more about your legal remedies in cases of employer interference with medical or disability leave rights, contact a lawyer at the Akers Law Offices in Charleston.