Another common type of wrongful termination is leave-related. Taking leave from a job implies your intention to return to work after a certain length of time or when a certain situation comes to a close. 

If an employer fires you for taking leave, you are entitled to file a wrongful termination lawsuit against the employer. However, only certain types of leave may qualify for this type of lawsuit. 

The Family and Medical Leave Act (FMLA) provides some employees with up to 12 weeks of unpaid, job-protected leave per year. It applies to all public agencies and companies with 50 or more employees. 

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Can Unlawful Termination Result from Taking a Leave of Absence?
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To be protected under this federal law, employees must meet one or more of the following medical-related leave conditions:

  • Having and caring for a newborn
  • Adopting or fostering a child
  • Caring for an immediate family member (such as a spouse, child, or parent) with a serious health condition
  • Being unable to work because of a serious health condition

If you are not sure if you have a wrongful termination case, but you suspect one, you may consider asking a wrongful termination lawyer for advice. 

A wrongful termination attorney can help you determine whether you were unjustly fired and if you would be successful in filing a lawsuit. You can also ask a wrongful termination lawyer for advice if you are still employed, but expect to be fired soon for illegal reasons.  The lawyer may also advise you on how to file a discrimination or harassment lawsuit, if necessary.

If you and your wrongful termination attorney have determined you have a valid case, he or she can assist you in two more key ways. 

First, the attorney can help you make a clear determination regarding the financial compensation to which you are entitled. That way, you can avoid unreasonable expectations while also not understating your case.

You may be entitled to the following types of compensation:

  • Lost wages
  • Lost benefits
  • Emotional stress compensation
  • Punitive damages compensation

A wrongful termination attorney can also assist during the court case by helping you prepare for the case itself. Lawyers have a much clearer understanding of the nuances of law than most people. They can tell you the exact types of paperwork and evidence required for the case.

You can also rely on your lawyer to help you understand the confusing legal proceedings that lead up to your court date, as well as during the trial in the courtroom.

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