Help With Medical Leave Denials, Interference And Retaliation
Work is an extremely important part of your life. It is not more important than the people you love, which is why the law allows employees to take medical or disability leave. Unfortunately, some employers interfere with this employee right.
When employees are injured or disabled or become ill on the job, they may be entitled to medical and/or disability-related leave under two federal laws: the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
At the Akers Law Offices, lawyer JB Akers represents workers in all industries who experience problems in the workplace related to their use of medical or disability 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
Did You Suffer Retaliation Because You Took Family Medical Leave?
Under West Virginia and federal employment laws, employers are prohibited from interfering with your medical/disability leave rights before and after you return to work. 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.
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.
Tell Our Lawyer About The Adverse Employment Actions You Suffered
It is important to get exceptional legal guidance before making any decisions regarding your possible employment law case. To learn more about your legal remedies in cases of employer interference with medical or disability leave rights, take a minute to discuss your situation with our attorney for free. Call us at 304-720-1422 or send us an email. We will be happy to help.
