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What is the statue of limitation on FMLA violations, and wrongful termination?

6 views 3 answers
When can you use FMLA during a wrongful termination, and how would one go about approaching this issue with a lawyer. Is FMLA taken serious in the court system if it can be proven or established that wrongful termination was in fact violated in some way. If your going after the company for your job back and not for money you would not be suing is that correct? Still having a family member working there would that put them at risk if they have almost 30 years with the company?

Attorney Answers

3
Michael Davey ·
A claim for either interference with FMLA rights or for wrongful termination in retaliation for taking FMLA leave must be filed within 2 years of the date of the alleged wrongful action. If a court determines that the alleged unlawful action by the employer was willful, then the limitations period is extended to 3 years. But you should always aim to file within the 2 year limitation period to be safe. Interference with FMLA rights or retaliating against an employee for taking FMLA rights are both violations of federal law, which the courts take very seriously. Under the FMLA, you can sue for any wages, salary or benefits lost as a result of the employer's alleged unlawful conduct, as well as for employment, reinstatement or promotion.
0 upvotes
Herbert Tan 728353.Html ·
It's very difficult to answer your question without a few more facts. Suffice to say, valid claims are taken very seriously. Try to elaborate more on your question. Herbert Tan, Esq. E-mail: [email protected] Website: www.tanlaws.com The National Newark Building 744 Broad Street, 16th Fl. Newark, New Jersey 07102 (973) 735-2681 (W) (973) 735-2682 (F) Manhattan Office 305 Broadway, 14th Floor New York, New York 10007 (888) TAN-LAWS
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