Retaliation for Taking Medical Leave

You Took the Leave You Were Legally Entitled To and They Came After You Anyway

Needing medical leave shouldn’t cost you your job, your peace of mind, or your dignity. 

Whether you were recovering from surgery, dealing with a chronic illness, or supporting a loved one, you followed the rules and your employer still punished you. That’s illegal under New York and federal law.

Our employment law attorneys at Horn Wright, LLP, help workers all across New York who were punished after using their sick time, FMLA leave, or disability-related accommodations. 

Other states like Vermont, New Hampshire, Maine, and New Jersey all offer some level of leave protection, but they vary. For example, New Jersey adds strong retaliation protections under its state FMLA, while Maine’s coverage for smaller employers is more limited. 

If you got written up, demoted, or flat-out fired for taking care of your health, call (855) 465-4622.  And if you live or work across state lines, we’ll help you figure out exactly which law applies to your situation. 

We’ll hold your employer accountable for retaliation and help you get every dollar and ounce of respect back.

What Retaliation After Medical Leave Looks Like

Sometimes retaliation after medical leave is obvious. A firing right after you come back. But often it’s quieter. Here’s what it looks like when an employer tries to punish you without saying the word “retaliation” out loud:

• You come back to fewer hours, a worse schedule, or a demotion. Suddenly, you’re treated like a part-timer or a newbie. That’s retaliation. And we’ve seen it happen too many times to count.
• Your boss starts nitpicking everything you do. Before your leave, you were dependable. Now, they act like you’ve forgotten how to do your job. It’s not your performance that changed. It’s their attitude.
• You’re told you’ve “lost the trust of the team.” That vague, hollow excuse? It’s a cover for punishment wrapped in passive-aggression. And it has no place in a fair workplace.
• You're pushed into quitting through scheduling games or isolation. You’re still on the payroll, but they’ve made it clear you’re not welcome. That’s how they try to get around a lawsuit. But it doesn’t make it legal.

You Have Legal Rights Under Federal and New York Law

In New York, both state and federal law protect your right to medical leave, and more importantly, your right to come back without being punished for it. 

The Family and Medical Leave Act (FMLA) guarantees up to 12 weeks of unpaid job-protected leave. New York Paid Family Leave adds additional protections for certain family and health situations.

Your employer can’t interfere with your leave, and they definitely can’t retaliate when you return. That means no demotions, no random firings, no reduced pay, and no isolation tactics. 

Even if you weren’t eligible for FMLA, you might still be protected under the New York State Human Rights Law, especially if you were out for a disability-related reason.

These laws aren’t optional. Your employer doesn’t get to “interpret” them differently or make up their own return-to-work rules. If they crossed the line, we’ll prove it. And if they tried to twist the rules to punish you, we’ll make sure it costs them.

How Employers Try to Cover Their Tracks

They’ll never say, “We’re firing you for taking leave.” But that’s exactly what they’re doing when they use excuses to justify unfair treatment. These are the most common ways they try to make it look legitimate:

• “Your position was eliminated.” Really? Right when you got back? That timing is a legal red flag. And judges notice. We show how the "elimination" was nothing more than a paper trail cover-up.
• “You weren’t meeting expectations.” And yet, those expectations were never a problem before you went out. We’ll pull performance records and show the pattern. It’s usually crystal clear. And the sudden shift usually speaks volumes about motive.
• “We had to restructure the team.” Funny how you’re the only one affected. That’s  retaliation in a business suit. And we’ll call it out. Restructuring doesn't mean they can sideline you without consequence.
• “We didn’t know you had medical protection.” Ignorance isn’t a defense. Once you request leave, they’re legally on notice and bound to follow the law. Period. And claiming otherwise only proves they weren’t taking your rights seriously.

Returning to Work Shouldn’t Feel Like Walking Into a Trap

You’re supposed to come back to your same, or equivalent, role. That’s what the law says. But too many employers treat returning employees like damaged goods or a liability waiting to happen.

One minute you’re getting well wishes and cards. The next, you’re excluded from meetings and given menial work. You’re made to feel guilty, like you’re no longer reliable, like your health is a burden. That’s not how a healthy workplace operates and it’s not okay.

Our employment attorneys have worked with people who were pushed out for needing chemo, grieving a loss, or simply following doctor’s orders. Taking time to heal shouldn’t mean handing in your dignity. 

If you walked back into a mess, we’ll help clean it up and fight for what you deserve. And if that return was just a setup to quietly push you out, we’ll call it what it is. Retaliation, plain and simple.

Proving Retaliation Isn’t as Hard as They Want You to Think

It’s easy to feel shaken after returning from leave, like everything’s changed and you’re on unstable ground. Employers hope you’ll feel too overwhelmed or unsure to act. But proving retaliation isn’t some impossible puzzle. It’s about connecting the dots and we do that every day.

• We start with the timing. If bad things happened shortly after your leave, that’s suspicious and courts notice. Timing tells a story, and we know how to read it. Employers who move fast after your return usually have something to hide.
• We pull performance records, emails, and policies. If they treated you differently from others or changed the rules just for you, we’ll find it. These records don’t lie. When policies shift only after your leave, the pattern becomes obvious.
• We use witness statements and patterns of behavior. If coworkers were told not to talk to you or you were written up for the first time ever, that tells a story. And we’ll make sure that story gets heard. Loud and clear. That kind of treatment rarely happens in a vacuum. There are always signs. Retaliation usually leaves a trail—one our legal team knows how to follow.

You Could Be Owed More Than You Think

This isn’t just about your job title or a few missed paychecks. Retaliation has ripple effects—emotionally, financially, and professionally. New York law lets you recover a whole lot more than just lost wages.

You might be entitled to front pay, back pay, and even emotional distress damages. If your firing was public or humiliating, that matters too. And if your employer’s actions were particularly reckless, punitive damages could be on the table.

We calculate everything you lost and everything you should’ve had and we fight to get it. This isn’t about revenge. It’s about justice, restoration, and making sure no one else gets treated like you did. Because your story deserves to end with accountability and compensation, not silence.

Horn Wright, LLP, Fights Back When Employers Get Nasty After Leave

You didn’t ask for special treatment. You followed the rules, and you did what you needed to do for your health or your family. If your employer didn’t like that? Too bad. They don’t get to punish you for doing the right thing.

Our employment law attorneys at Horn Wright, LLP, call out retaliation when we see it and we back it up with facts. You deserve a team that knows New York’s laws inside and out and won’t let your employer talk their way out of accountability. 

Check out how we’ve helped others after workplace violations. Contact our office to book a complimentary case review when you’re ready to talk. We’re ready to listen.