FMLA Violations

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FAMILY & MEDICAL LEAVE ACT (FMLA) LAWYER NY

We’ve helped employees just like you recover millions in damages. We can help you too!

The Family & Medical Leave Act Law Firm of El-Hag & Associates,  represent employees in Westchester County, NY and NYC and surrounding areas, regarding FMLA rights or who have been denied their FMLA rights.  FMLA is a federal statute however some states have additional protections such as New Jersey.  It is important to consult with an attorney experienced in FMLA matters.

Do you think that you might have been a victim of age discrimination? The labor and employment law firm of El-Hag & Associates, P.C can help you. Our Westchester New York age discrimination law firm specializes in workplace age discrimination. We have recovered millions of dollars for victims of workplace discrimination. We have brought age discrimination, and other types of discrimination lawsuits against small businesses and major multinational corporations and have achieved excellent results for our clients.

One of the biggest problems that arise when you or a loved one is seriously ill is the impact that it has on your attendance at work. The Family and Medical Leave Act (FMLA) is one law that can provide you with serious protection when you or a loved one becomes seriously ill.  If you or a family member become seriously ill, and you are facing pressure at work because of your need to care for yourself or a loved one, contact El-Hag & Associates, P.C today for a free consultation.

We have brought lawsuits against employers who denied our clients their protections under the FMLA with positive results. However, many times our clients call us after they have lost their jobs. Had they contacted us before they lost their job, we may have been able to intervene and help them keep their jobs, instead of having to file a lawsuit to correct the injustice that occurred. So, please call today if you are struggling with these issues. If you are just researching your rights, the following information should be helpful.

WHAT IS THE FAMILY & MEDICAL LEAVE ACT?

The FMLA is a federal law. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

What Work Protections That the Family & Medical Leave Act Provide?

Eligible employees are entitled to take 12 workweeks of time off from work for:

  • 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

  • Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave)

  • 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,” or

When am I protected under the Family and Medical Leave Act (FMLA)

You are covered under the FMLA if:

(1) your employer employs 50 or more employees (this doesn’t have to be all at the same facility),

(2) You have worked for your employer for at least 12 months (this does not have to be consecutive months),

(3) You worked at least 1,250 hours in the 12-month period immediately before you attempted to use FMLA leave, and

(4) You work at a location within the area where the employer has at least 50 employees working. If all of these conditions are met then you are entitled to FMLA leave.

Our NY FMLA Law Firm Will Fight To Get You The Compensation You Deserve

If You Believe Your Employer Has Discriminated Against you Because of your Age We Can Help You Recover What Is Rightfully Yours

  • No upfront fees or retainers - we get paid only if YOU get paid
  • ​8 in 10 clients recover tens of thousands, and 2 in 10 can recover life changing amounts.
  • Generally takes 4 - 9 months from start to money-in-your-pocket
  • Our FMLA lawyers will know how to collect evidence best to prove your case and build a strong argument.
  • Our experienced FMLA violation attorneys can negotiate on your behalf to get you the best possible outcome.
  • Our FMLA lawyers can help you file a claim with the Equal Employment Opportunity Commission, which is the federal agency that handles FMLA claims, and The New York State Division of Human Rights, Department of Labor, and other relevant agencies and bring your case to court which is unnecessary in most cases
  • Protection from revenge - your boss can’t fire you, change your hours or mess with your work environment, or harass you due to your exercising your rights under the FMLA - your boss can’t fire you, change your hours or mess with your work environment due to your FMLA status
  • You can recover money from any company you worked for in the past three years for each discrimination in the workplace
  • We’ll do all the hard work to get you your Money. You just need to give us the details. You (usually) won’t even have to show up
  • You can get your job back or front pay instead of getting your job back so you have money in your pocket while you look for another job.

How Do You Win An Workplace FMLA Lawsuit?

There are several factors that you must prove to win a FMLA lawsuitIf you can answer yes to the following questions, you may have been a victim of employment discrimination:

1) Do you work at a company with 50 or more employees? The New York State Human Rights Law only protects employees who work for an employer with 4 or more employees. Federal Law requires that the employer employ more than 50 employees for you to exercise your FMLA rights. So, the first thing to check is if you are protected by the law.

2) Did something bad happen to you at work? This is known as an “adverse employment action”. You must be able to show that something bad happened to you at work.  Examples of adverse employment actions include:

  • Being fired

  • Being laid off

  • Not receiving a raise

  • Being demoted

  • Being passed over for a promotion

  • Being harassed at work

Case Results and Testimonials

Case Results & Testimonials

  • James recovered $160,000 in severance pay and left work on his own terms.
  • Katrina recovered $60,000 when her employer denied her leave for her disabled child (3 years pay)!
  • Tony recovered $50,000 for losing his job after his boss made racists comments!
  • Monica recovered $25,000 in unpaid overtime because her boss incorrectly treated her as not entitled to overtime under the law as a salaried office worker.
  • Manuel recovered $45,000 as a deli worker because he worked more than 40 hours a week without overtime pay. The boss paid him off the books without paying him any overtime and we recovered an extra $10,000 in penalties.
Contact us right now for a Free FMLA Consultation. If you don't act fast, you can lose your chance to recover!
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We do not charge a fee to investigate your FMLA matter 

Labor & Employment Lawyers with Results, Resources & Experience

Our Free FMLA Consultations are Confidential and Private.

El-Hag & Associates is a highly Experienced & Successful Labor and Unemployment Law Firm in NY.

How We Help You Get the Compensation That You Deserve For Your FMLA Case In Just 4-9 Months

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Schedule

10-minute initial free wage evaluation. We give you the game plan that you can follow even if you do not want to work with us. Just fill out the form to start.

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Detailed Consult

If you decide to move forward, we build your case. Give us your documents. Give us the details.
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Demand Letter

We send a letter to your company. Many times we can get a settlement negotiated in the beginning without even going to court. You can get your money in as little as two months.
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Lawsuit

We file the lawsuit, we spend the money, you only have to be involved for a few hours over the course of the lawsuit. 90% of the time, we manage to settle the case, you get paid. 

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Finalize

Finish the lawsuit, you sign some papers and get your check.  

Don't Let Your Employer Intimidate You From Being Compensated For The FMLA Violations in the Workplace That You Were Subjected To By Threatening Or Scaring You Into Inaction

  • You can sue any company you worked for in the past three years. It does not have to be a company at which you are currently working.

  • The law protects you. The law prevents retaliation. You can collect unpaid wages and benefits, and penalties, demand your job back, and even demand front pay (money to cover you for the time it would take to find new work.

  • Attorney-Client Privilege- We CANNOT tell anyone about your case unless you ask us to. Your call is 100% confidential and protected by the attorney-client privilege.

  • Attack only when you’re comfortable. We only move forward when you are ready. There is no pressure to start. You can have your FMLA evaluation, develop a strategy, collect evidence, and begin when you are ready.

Why You Should Not Wait To Take Action Against Your Employer For FMLA Violations in the Workplace

There Are Many Reasons You Need To Act Fast Before You Lose Your Chance To Start A Lawsuit To Recover Damages That You May Be Entitled To Against The Employer For FMLA Violations against you
  • The Company can go out of business.

  • You can run out of time to bring a lawsuit if you haven't already

  • The company can be sold or transferred

  • Someone else could sue and complicate your chance of collecting your wages

  • The company could file for bankruptcy

  • The owner could die

Client VideoTestimonials

Justina Peets

Justina Peets

3 months ago via Google

Jordan and his staff was so professional, and on top of my case, they updated me throughout the process the whole way through! If i ever need a lawyer again i will be calling Jordan without a second thought.

Matthew Zekanovic

Matthew Zekanovic

a year ago via Google

Jordan and his team are the best at what they do. His professionalism is nothing but superior and made the whole process easy and stress free. There wasn't a single objective that he couldn't overcome. Jordan was nothing but honest, transparent, and easy to work with. Never at one point did I feel he wasn't trustworthy. He guided me in the right direction to achieve the best possible outcome, and succeeded. I wouldn't recommend anyone else but El-Hag & Associates!

Paul

Paul

a year ago via Google

I hired Jordan to take a look at a recent employment agreement. Unlike other lawyers, it was a pleasure communicating with him. We had an initial phone call and within 2 hours he read the documents, attached notes to specific parts of it and was able to break it down for me in plain English. He has been available for follow up questions without demanding additional pay - which I appreciate. I work in the psychiatry field and have a very good sense for people and their trustworthiness. I will definitely be coming back to Jordan for any future legal advice associated with my business. I also plan to recommend him to colleagues, friends and family. A+ experience!

Jeffrey Medina

Jeffrey Medina

a year ago via Google

Very responsive and knowledgeable. Great guy who is willing to help no matter how big or small the issue or question.

Kinney Glass

Kinney Glass

2 months ago via Google

I was discouraged by other firms who told me it wasn’t worth effort. After the first time speaking with Jordan El-Hag I decided to place my faith in him. He was patient and meticulous. Always keeping me up to date with the case. When curveballs would come my way the team would reassure me not to worry. I will recommend everyone I know to El Hag and Associates.

Why clients prefer El-Hag Law

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Challenge

Company lied by saying employees should not be paid for travel time because they only used the construction headquarters for commuting.

Approach

Hired a private detective to video tape the construction yard in the mornings to show that the workday began when employees arrived to work.

Result

We secured for our client one of the largest single-person wage recoveries that the Judge had seen in his career!

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Challenge

Company tried to not pay our client who worked in an office overtime by claiming she was an exempt administrative employee and sales person. 

Approach

We got the business owner to lie under oath, and then showed the court the evidence of our client working at the restaurant. Subjecting the company owner to perjury charges.

Result

Our client secured $35,000 and was able to start a restaurant of his own with his family using the settlement money.

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Challenge

Company tried to not pay our client who worked in an office overtime by claiming she was an exempt administrative employee and sales person. 

Approach

We threatened to bring a class action lawsuit against the company because they misclassified all the workers in the same position, and we were able to negotiate a premium settlement for our client. 

Result

We secured our client $50,000 and she landed a new job the next week. She was able to buy a new car for commuting and put money into her retirement savings account.

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“El-Hag helped me recover $100,000 in unpaid overtime because the time spent traveling was not paid”

How can I sue my employer FMLA Discrimination?

There are 3 ways that you can file an FMLA discrimination lawsuit against your employer in New York. You need to decide what avenue you will take and consider it carefully because generally once you choose one option, you cannot change your mind and pursue another option. This is known as the “election of remedies”.

The 3 main ways to bring FMLA discrimination lawsuit are:

1) File a lawsuit directly in New York State Supreme Court. You can file a lawsuit against your employer under the New York State Human Rights Law. You have three years from the time the discriminatory action occurred.

2) File a charge with the EEOC, NY Division of Human Rights (NYDHR), or another local agency. You can file a charge with the Equal Employment Opportunity Commission (“EEOC”) (Federal), NYS Division of Human Rights (State), or local agency (E.g. Westchester County). When you file with the NYS Division of Human Rights, the Division will dual file your charge with the EEOC, and the cases will be investigated simultaneously. If the agencies find that your claim has merit they will issue a probable cause finding, and you can then have an administrative hearing to decide your case.

3) File a charge with the EEOC and NY Division of Human Rights, then à file a lawsuit in Federal Court. If you file your charges with the EEOC and NYDHR, you can choose to file a lawsuit in Federal Court if you do not want to proceed with these agencies. Once you obtain a right to sue letter from the EEOC, you have a limited time to file a lawsuit in Federal Court to pursue your lawsuit.

What can I win if I sue my employer under the Family & Medical Leave Act?

Lost wages and benefits. Generally, you must be made whole for the losses you suffered because of your employer’s discriminatory actions. Reimbursement for lost pay and benefits is one of the available categories of damages.

However, the reimbursement of lost wages and benefits is bittersweet because the law deducts any other income that you receive. So generally, unemployment benefits you received and income from new employment will be deducted from any award of lost pay and benefits. Moreover, if you secure a new job that is comparable to the job you lost, you do not get any more back pay and benefits.

** You have a legal obligation to find a new job and limit your lost pay and benefits. If you do not take steps to find a new job, you can get no back pay whatsoever!! This is known as “mitigation of damages”. It seems very unfair that your boss who discriminated against you gets to benefit from you finding new work, but that’s the way the law goes.

2) Costs of finding a new job or remedying the discriminatory conduct. Because the law is designed to make you whole for your losses, you are entitled to recover any costs that you incurred in trying to recover from the discriminatory act. So the travel expenses that you incurred driving to job interviews or necessary and reasonable relocation costs are an example of the type of costs you can recover.

3) Liquidated Damages. Liquidated damages mean an amount equal to the money you lost. For every dollar you lost, you are entitled to receive an additional dollar as liquidated damages.

4) Reasonable attorney fees & costs. If you are found to be a prevailing party after winning an FMLA lawsuit, you are entitled to recover reasonable costs and attorney fees that were incurred in bringing the lawsuit.

Get The Compensation That You Deserve For The FMLA Discrimination You Were Subjected To

Awareness is the first step to exercising your rights under the FMLA. If any of the age discrimination work violations applies to you, then you should call El-Hag & Associates, P.C today. The most important thing is to keep track of the age discrimination and harassment you were subjected to at work. Do not rely on your employer or others to do that for you.

In Westchester New York, many working people living in Yonkers, Mount Vernon, and New Rochelle are victims of FMLA workplace violations. That is why El-Hag & Associates, P.C is a Westchester FMLA law firm, focusing on employment and labor law in Westchester New York. If you find that you have been discriminated against at work pursuant to the FMLA, contact El-Hag & Associates, PC, today, and we can help you get the compensation that you deserve. Make sure you protect your rights and your livelihood.