FMLA Lawyer Cleveland, Ohio
Explaining why you may need advice and representation from a Cleveland-based FMLA attorney first requires discussing what the law requires of employers and employees.
What Is the FMLA and What Does It Do?
The federal Family and Medical Leave Act (FMLA) requires all businesses that employ at least 50 people within a 75-mile radius to grant their workers up to 12 weeks of unpaid leave each year to deal with a serious medical condition, the birth of a child or an adoption. Having legal help from an FMLA attorney in Cleveland, Ohio can make all the difference as you navigate your claim. If you have a FMLA problem in Cleveland, Ohio, contact a FMLA attorney.
The rules and regulations surrounding FMLA are pretty straightforward. After an employee works for the equivalent of 12 months or 1,250 hours, that person’s employer must grant FMLA leave for the following purposes:
- The birth of a child and to care for the newborn child within one year of birth
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement
- To care for the employee’s spouse, child, or parent who has a serious health condition
- A serious health condition that makes the employee unable to perform the essential functions of his or her job
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.
Eligible employees can extend their FMLA leave to 26 weeks during a 12-month period if they request the unpaid time off to care for a family member, who suffered a combat injury while serving on active duty in the military.
Employers cannot fire or take other adverse employment actions against an employee who asks for or goes out on FMLA leave. The company, agency or school also must allow a person to return to their same job at the same pay, seniority. and benefits prior to FMLA leave.
A worker who needs to take FMLA leave to deal with a serious medical condition or one of the situations listed above should inform his or her employer of the situation as soon as doing so is safe and feasible.
An employee should also be prepared to substantiate the need for FMLA leave by providing doctor’s notes, adoption papers or other relevant proof that leave is needed. Then, after taking the unpaid time off, the employee must either return to work on the scheduled date or stay in communication with his or her employer to discuss a return to work date. Know that your job is only technically protected for the 12 weeks that you are on FMLA.
Employees can take FMLA leave all at once, in blocks of weeks or days and even a day or hours at a time. Employers can only refuse FMLA requests if they can prove that an employee has no eligibility for leave.
What Happens When Employers Fail to Comply With the FMLA?
As experienced FMLA lawyers in Cleveland, Ohio, we know that employees often encounter serious problems when try to exercise their rights under the FMLA. Perhaps the biggest problem involves wrongful termination. There are two types of claims available to employees under the FMLA- interference and retaliation/discrimination. These occur when an employer interferes with the right to an employee’s FMLA leave, either by not offering it, terminating an employee while on leave or failing to return the employee to their same position, or an equivalent position, upon the return from leave.
Many of the FMLA cases we handle are brought by workers who got fired when they requested or returned from FMLA leave. This could be a form of illegal and impermissible retaliation against an employee who takes an action that is protected by the FMLA. Other types of retaliation that can provide grounds for FMLA lawsuits are demotions, reassignments and cuts in pay and benefits.
What Can a Cleveland FMLA Attorney Do for You?
Employees who lose their jobs or suffer retaliation for using or requesting FMLA are can seek monetary damages for lost and back pay, compensatory damages and court orders for their employers to change policies and procedures related to FMLA compliance.
Working with an experienced employee rights lawyer gives you the ability to work with a professional to obtain business records, managers’ emails and meeting notes and testimony that supports your case. The employer will surely have legal representation, so you owe it to yourself to level the playing field.
The FMLA attorneys in the Cleveland office of The Friedmann Firm offer confidential consultations on all employment law cases. Schedule an appointment online or call us at 440.703.8550 to let us know how we can help you.
AREAS OF PRACTICE
Rachel was absolutely amazing. As an attorney she really took the time to really listen to my concerns. She was honest and kept me informed every step of the way. The outcome was favorable on my behalf and I appreciate her efforts to achieve a good outcome. I would highly recommend her and the Friedmann firm to represent me if ever needed in future.
Working with Rachel Sabo from Friedmann Firm was absolutely amazing! She upholds integrity, honesty and without a doubt fights for what is right! Rachel was extremely transparent and real! Please don’t let wrong be right, Rachel will strive to advocate and put her whole heart in obtaining resolve in your situation! What an absolute blessing, she won my case in less than 1 week💪
My experience with the Friedmann Firm is an absolute 5 stars. From my very first call with Karen, to all of my communication with Rachel, everything exceeded all of my expectations. Rachel and Karen were so caring and understanding in a very sensitive situation. They responded immediately to any questions or concerns I had. I would HIGHLY recommend the Friedmann Firm. They are caring, professional, understanding, and I would trust them with any issue I have in the future.
Rachel and the Friedmann Firm were fantastic to work with. The thought of needing an employment lawyer was scary for me, it was confusing and complex. But Rachel listened, asked questions and took time to really understand me and my priorities. I felt calm, supported and excited for the first time in weeks after talking to her!! We worked together to review everything, set expectations and meet my priorities! Thanks Rachel and team for all your work!!!
Rachel Friedmann of the Friedman Firm was my attorney for a very recent legal matter. I would highly recommend Rachel based on her legal knowledge, her honest appraisal of the matter and expected outcomes, her open communication and timely responses to my questions and the matter itself, and her steadfastness in dealing with the opposing counsel until a final agreement was reached.
Rachel and her staff went over and above the call of duty to help me achieve fiscal resolution to my legal issue. She wasn’t always available to talk but was always responsive via text and email when in court out of the office and even on vacation. I feel she earned her percentage cut.
Couldn’t be happier with the representation I received from Jamie Bailey on my civil litigation case. She worked tirelessly to resolve the case and in the end negotiated a fair settlement on my behalf. I would highly recommend her to anyone! Thanks for everything Friedman law firm.
Friedman Firm was a great help in a difficult time in my life. They went above and beyond to get me back on track. Rachel was so good to work with and is extremely knowledgeable about the law and employment rights. Can't thank them enough for all there hard work. Highly recommend them to anyone.
The Friedmann Firm (specifically Pete Friedmann) represented me through what seemed like a never ending employment discrimination suit. The suit was filed just before Covid shut everything down in 2020. Add to that a former employer who refused to admit fault. In spite of all of that, Pete stood resolute in his representation of me and working for the best outcome for me. We ended up settling prior to trial and I was more than satisfied with the results. Pete was always available to answer questions and reassure me throughout this process. I highly recommend The Friedmann Firm!
Pete Friedmann and his firm are fantastic. He represented me for more than a year going through a suit with a previous employer. He walked me through every step of the process and was always quick to respond to any questions I had. My settlement came in and we parted ways with both sides being pleased with the outcome. I highly recommend the Friedmann firm and wouldn’t hesitate to use them again in the future if the need arose. Thank you, Pete!
Rachel and the Friedmann Firm have been amazing to work with. Rachel was very helpful, listened to our concerns and took our case. She communicated well throughout and really worked for us. We were very well represented!
I loved working with The Friedmann Firm. Rachel and Jamie are exceptional lawyers and were diligent in reviewing my case and letting me know of my options. Jamie was extremely thorough and handled even the smallest details of my case with ease. The entire process was seamless and they were always quick to respond to emails and calls. I would definitely recommend working with The Friedmann Firm.
I would recommend Rachel Sabo Friedmann and the Friedmann firm for severance negotiations. Rachel was always available and responsive and made an effort to ensure I was updated on every step of the process. Her diligent efforts produced a prompt resolution and we are very happy with the results!