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Long Island FMLA Violation Lawyers

FMLA Violations

Skilled FMLA Attorneys Representing Employees Throughout Long Island

At Ricotta & Marks, P.C., our Long Island FMLA violation lawyers represent employees with focus, integrity, and the highest level of professional skill. Your rights under the Family and Medical Leave Act must be protected. If you or your loved one was subject to an FMLA violation in the workplace, we are here to help. To set up a strictly confidential, no obligation consultation with a top-rated New York FMLA attorney, please call us today at 347-464-8694 or reach out to us directly online.

What to Know About Your Rights Under the Family and Medical Leave Act (FMLA)

Passed into law in 1993, the Family and Medical Leave Act (FMLA) is a federal statute that requires many companies and organizations to allow employees to take job-protected leave to handle certain family or medical emergencies. Here are four key things that workers on Long Island should know about the FMLA:

  1. Only Some Employers are Covered By the FMLA: Unfortunately, not all workers have rights under the FMLA. The federal law only applies to employers that have 50 or more qualifying employees within a 75-mile radius. Employees at these companies are only entitled to take FMLA leave if they were employed for at least 12 months and worked at least 1,250 hours in the previous year.
  2. Workers Can Take Leave for a Qualifying Family or Medical Emergency: The FMLA allows covered employees to take leave for qualifying family and medical emergencies. Some common examples of scenarios that warrant FMLA leave include the birth of a child, the adoption of a child, care for an immediate family member with a serious medical condition, or time off for an employee to care for their own serious medical condition. Employees are encouraged to give employers advance notice regarding leave when possible. Of course, emergency circumstances may arise without warning.
  3. FMLA Provides Up to 12 Weeks of Job-Protected, Unpaid Leave: Workers covered by the FMLA are entitled to take up to 12 weeks of fully job-protected leave to deal with a qualifying emergency situation. When leave ends, an employer must allow a worker to resume their position. FMLA also allows employees to take intermittent FMLA, for covered illnesses that occur sporadically but do not require an employee to be out of work the full 12 weeks at one time. The law does not require an employer to pay an employee when they are on FMLA leave. However, an employee may also have the right to use sick/family leave benefits that they accrued.
  4. Employers Cannot Punish Workers for Taking FMLA Leave: If you qualify to do so, you have a legal right to take FMLA leave. An employer does not have the discretion to deny leave to a worker who meets the legal standard. Additionally, an employer cannot take any adverse action against employees who exercise their right to take FMLA leave. To do so is retaliation. It is strictly illegal. Retaliation comes in many forms, including harassment, demotion, denial of full and fair workplace opportunities, and termination.

FMLA violations can arise in a wide range of different circumstances. Any violation of employee rights requires a comprehensive investigation. If you have specific questions or concerns about your rights under the FMLA, please contact our experienced Long Island employment lawyers for immediate assistance.

Queens and Long Island

Labor Employment Lawyers in Queens and Long Island

Advocating on Behalf of
Employees

At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:

Harassment

According to the NY Department of Human Rights, employers can be held responsible for sexual harassment in the workplace in the following circumstances:
If the harassment was the fault of a co-owner, manager, or supervisor the employer is responsible, regardless of whether or not they knew it was occurring
If the harassment occurred among regular employees, the employer can be held responsible if they knew about it, should have known about it, or failed to have a sexual harassment policy in place.
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Employee Discrimination

Our lawyers are prepared to represent clients who face any type of employment discrimination such as:
Gender discrimination
Marital status discrimination
Pregnancy discrimination and FMLA violations
Sexual orientation discrimination, including transgender discrimination and harassment
Age discrimination
Race or national origin discrimination
Disability discrimination
Religious discrimination
Criminal record discrimination
Violations of the Genetic Information Nondiscrimination Act (GINA)
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Wage & Hour Disputes

We handle many cases that involve wage and hour disputes, including people in certain industries who often fall victim to these situations as well as instances involving:
Unpaid overtime
Under-the-table compensation
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Education Law

New York City teachers face challenges inside and outside the classroom. When they face the possibility of losing their jobs, they deserve representation by experienced attorneys.

At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.

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Wrongful Termination

Even in an ‘At Will’ Work Situation, You Have the Right to Work. Employers will always claim that they had a valid reason to lay off or fire an employee. But in many circumstances, this is just disguised discrimination of one form or another. Continued employment and advancement is frequently based on performance reviews. If you have a perfect record, then suddenly go from perfect to pariah, it may be a case of your supervisor or employer giving a negative review in order to have an excuse to remove you from your position or deny a promotion.

Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.

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Other Employment Law Issues

As a full-service employment law firm, we can also help you with:
Labor and union representation
Mediation and arbitration matters
Employment contract negotiations and matters
Employer defense
Our New York employment attorneys are dedicated to ensuring that all workers have the opportunity to pursue successful careers, and experience workplaces that are free of harassment or other situations that create tension.
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You Can Trust the New York FMLA Lawyers at Ricotta & Marks

The Family and Medical Leave Act is complicated. At Ricotta & Marks, P.C., we help employees understand their rights and take action to hold employers accountable for FMLA violations. Your rights and interests matter. When you get in touch with our firm, you will have a chance to speak to a Long Island employment law attorney who will:

  • Conduct a comprehensive review of your FMLA claim;
  • Answer questions and explain your legal rights;
  • Gather all documents, records, and information; and
  • Take aggressive action to get you the best outcome.

While many other firms handle employment law cases occasionally, our entire practice is dedicated to protecting the rights and interests of workers. Our attorneys have decades of experience handling state and federal employment law cases. We will put the time, resources, and personal attention into your Family and Medical Leave Act case to get you successful results.

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Call Our Long Island FMLA Attorneys for Immediate Help

At Ricotta & Marks, P.C., our New York employment lawyers have extensive experience handling complex FMLA claims. If you believe that your rights were violated under the FMLA, we are more than ready to help. Contact us at 347-464-8694 for a strictly confidential employment law consultation. We represent workers in FMLA claims throughout all of Long Island, including in Kings County, Queens County, Suffolk County, and Nassau County.

Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

Contact Our Office347.464.8694