Unlawful retaliation for taking time off to take care of a seriously ill relative or for the birth or adoption of a child.
Baby boomers, as well as other generations, are often called by their sense of love and duty to take time off from their employment to assist an aging parent through medical illnesses. They should not have to worry about their job security when they do so. Many persons need to take time off from work to take care of seriously ill aging parents, (even if the illness is temporary) or a spouse, or other relative. The Federal Family and Medical Leave Act and the New Jersey Family Leave Act allow employees to take unpaid time off from work to take care of a seriously ill relative. Federal Family and Medical Leave Act and the New Jersey Family Leave Act also allow employees to take unpaid time off from work for the birth or adoption of a child.
The federal Family and Medical Leave Act Employers and the New Jersey Family Leave Act defines the parameters and circumstances qualifying one for such leave. Several prerequisites, including that the employer must employ the requisite number of employees to be subject to the Act, must first be met before an employee becomes eligible under the Family and Medical Leave Act (FMLA)or the New Jersey Family Leave Act. If you took such a leave, and your employer fired you or otherwise retaliated against you for seeking or taking such medical leave, you may have a valid claim against such employer.
Sometimes, the employee needs to take time off from work to take care of himself or herself for medical reasons. If you need to take time off from work because you, yourself, have a serious health condition, or are pregnant and have conditions related to your pregnancy that prevents you from performing your job temporarily, (which in some circumstances could include taking time off of work for repeated doctor's visits related to the pregnancy) the federal Family and Medical Leave Act provides for unpaid medical leave for employees who have serious health conditions that prevent them from performing their jobs temporarily.
If you complained that your employer violated any of these laws, or you testified or are about to testify, that your employer has practices opposing this law, and your employer fires you or discriminates against you as a result, it is possible you may also have a claim for illegal retaliation.
For a free consultation contact Hope A. Lang at
(201) 599‑9600 with your employment discrimination questions today.
Hope A. Lang, Attorney at Law, represents employees throughout New Jersey in complex employment discrimination lawsuits. She accepts cases from all counties in Northern, Southern, and Central New Jersey and has locations in central, western and northern New Jersey to meet with clients. If you believe that you have been discriminated against due to gender identity or other protected characteristic, such as age, disability, pregnancy, race, religion, sex, sexual orientation or national origin, or in retaliation for reporting what you believed to be illegal acts of your employer, she can help you. It is important to know your rights as an employee.