Filing an FMLA Retaliation Claim

Fired or Punished After Taking Leave? You’re Not Alone

You followed the rules. You gave notice. You needed time off to care for a sick parent, welcome a new child, or recover from your own medical issue. Now you're back at work, only something’s not right. The vibe has changed. Maybe your responsibilities shrank, or your hours suddenly dropped. Worse, maybe you were let go. If any of this sounds familiar, it could be retaliation. And you’re far from the only one dealing with it. FMLA retaliation attorneys help people in situations just like yours where legal rights collide with workplace pushback.

At Horn Wright, LLP, we help people who feel blindsided after using their rights under the Family and Medical Leave Act (FMLA). While the FMLA is a federal law, its application can look a little different depending on your state. New York, for example, offers additional protections through its Paid Family Leave law.

If you’re in nearby states like Maine, New Hampshire, or Vermont, the rules around job reinstatement and coverage may vary just enough to impact your rights. If your job changed or disappeared after taking protected leave, our attorneys are ready to step in. We’ll listen to what happened, explain your options, and fight to make things right. You took care of your health or your family. Now let us take care of you.

The Promise Behind FMLA And What Happens When It's Broken

You probably assumed your job would still be waiting when you got back. The law says it should be. But when employers break that trust, it can leave you scrambling.

The Wage and Hour Division of the U.S. Department of Labor enforces the FMLA and offers clear guidance. Many workers who deal with retaliation after leave also face wage and hour disputes or sudden “restructuring” that chips away at their paychecks.

The Family and Medical Leave Act is supposed to protect your job while you protect your health or your family. Instead, some employers treat your absence like an inconvenience and start making moves the moment you return.

What the Law Says You Deserve

If you're covered by the FMLA protections, your job, or one that’s basically the same, should be there when you come back. Same pay. Same title. No funny business. If your boss starts pointing fingers about your “performance” only after your leave, that’s worth a closer look and could be wrongful termination.

Your well-being shouldn’t come at the cost of your career.

Are You Covered? Here's Who Qualifies

To qualify for FMLA protections under federal law, your job and employment history must meet a few key thresholds. The law doesn't apply to every worker or every workplace, so it’s important to check your eligibility early on. Here’s what you need to know:

• You’ve been with your employer for at least 12 months
• Your workplace has 50+ employees within 75 miles

Even if you tick all the boxes, that doesn’t mean you’re safe from retaliation, especially in workplaces where pregnancy discrimination or toxic work culture is already in play.

How Long Can You Step Away Without Losing Everything?

You’re allowed up to 12 weeks of unpaid leave in a 12-month window. That time is yours to care for a newborn, recover from surgery, or support a loved one facing a serious illness. But when you return to find your hours cut or your job reshuffled, that can quickly spiral into an unpaid wage issue.

Think You’re Being Targeted? Let’s Talk Evidence

That hunch in your gut is valid. But evidence makes your story harder to deny.

Clues That Can Back You Up in Court

What feels like an isolated incident might actually be part of a larger pattern that paints a very different picture when put together. These are the types of red flags that, when documented, can make a strong case:

• Negative reviews that came out of nowhere
• Rule changes that only seem to apply to you
• Comments suggesting your leave was a burden

This is how courts connect the dots, often building a case piece by piece from consistent patterns and timelines. In cases tied to discrimination and retaliation, judges and investigators look for repeated behaviors that suggest a clear shift in treatment after protected leave.

The Clock Doesn’t Lie: Why Timing Matters

If the problems started right after your leave, the timing alone can be telling. Courts often see it as a sign of motive, especially when job duties change or discipline begins soon after returning.

In 2024, the Department of Labor recovered just $275,000 for retaliation cases out of $150 million in total FLSA back wages. That gap shows how often retaliation flies under the radar. Even subtle changes can signal something bigger.

From the Break Room to Broadway, Witnesses Matter

Someone else saw what happened. Maybe they noticed the cold shoulder you got in meetings or heard the comments behind your back. Or maybe they experienced the same treatment after returning from leave themselves.

Eyewitnesses can be game changers in cases involving FMLA violations and age discrimination. Their testimony adds weight to your own experience and helps show a pattern of retaliation that isn’t just about you. The more consistent the story, the harder it becomes for the employer to deny or deflect.

Don’t Let Them Win: Start Taking Action Today

They’re hoping you stay quiet. But you’ve got every right to speak up and protect what’s yours.

Ready to Call? Do This First

Getting started doesn’t require legal expertise, just steady documentation and awareness of your rights. You don’t need to gather everything at once, but early organization makes a big difference. Here’s how to begin:

• Write down everything in order
• Save emails, texts, and anything written

If they tried to push a severance on you fast, hit pause. Severance deals often come with strings. Don’t sign away your future. And if retaliation involves sexual harassment, that needs immediate attention.

Deadlines Move Fast Especially in NYC

You usually have two years to act. In some cases, three. And under New York Labor Law § 215, retaliation for using your legal rights is flat-out prohibited. The law’s on your side, but only if you use it.

Your Situation Isn’t Unusual Even if It Feels That Way

You’re not overthinking this. Thousands of others in New York have been right where you are. In 2023 alone, 334 FMLA violations affected nearly 400 workers, costing employers nearly $1 million.

The pattern is familiar. It mirrors sex discrimination and other workplace biases. And it can be stopped. You’re not stuck. You’ve got options.

Your Rights Matter More Than Their Excuses

You don’t deserve punishment for putting family or health first. If your job became unbearable the moment you returned, you’ve already been through enough. Let someone else carry the legal weight. Contact Horn Wright, LLP, to connect with FMLA retaliation attorneys who understand your situation and can help you take control of what comes next.