FMLA Retaliation & Wrongful Termination

Fired After FMLA Leave? That’s Retaliation And It’s Illegal

Taking time off work under the Family and Medical Leave Act (FMLA) isn’t a luxury. It’s a lifeline. Whether you needed time to recover from surgery, care for a sick loved one, or manage a personal medical condition, that leave was protected by law. But if you came back to find your job gone, or worse, were fired shortly after returning, that could be illegal. FMLA retaliation attorneys can help determine whether your rights were violated and what steps to take next.

At Horn Wright, LLP, our employment law attorneys fight for people who’ve been wrongfully terminated after taking protected leave. While the core protections of the FMLA apply across the country, state-specific laws can vary.

In New York, for example, workers benefit from additional safeguards under the Paid Family Leave Act. But in states like Maine, New Hampshire, and Vermont, different timelines, coverage rules, or enforcement mechanisms might apply. If you’re facing this situation, our team is ready to help. We’ll review what happened, explain how the law applies in your state, and advocate for the justice and compensation you may be entitled to.

Fired After Doing the Right Thing? You’re Not the Only One in This Struggle

Employers aren’t allowed to punish employees for using their legally protected FMLA rights. That includes firing them. But retaliation isn’t always obvious. In many workplaces, some employers try to mask their actions behind vague excuses or sudden "policy shifts."

If you were let go right after taking leave, it’s worth looking deeper. That firing might not be justifiable. It might be retaliatory. Retaliation is prohibited under federal labor law. Many of these tactics overlap with other illegal behaviors, including discrimination and retaliation in the workplace.

When Company "Policy" Becomes a Cover-Up in Manhattan Boardrooms

A frequent tactic involves companies citing vague “policy violations”. These so-called violations tend to surface right after someone returns from leave, often tied to subjective judgments or patterns of favoritism that don’t hold up under scrutiny.

Common explanations include:

• “Your position was eliminated.”
• “We’ve restructured the team.”
• “You failed to meet performance expectations.”

Consider whether your performance or role changed before the leave. If those concerns were never mentioned earlier, the post-leave rationale may be nothing more than a cover.

In some cases, employers might claim “attendance issues” despite the absence being FMLA-protected. That kind of excuse could point directly to retaliation. In fiscal year 2023, the Wage and Hour Division found FMLA violations in 334 cases and recovered nearly $1 million for 395 workers, a clear sign of how frequently these violations occur. The same approach often shows up in hostile work environment claims where FMLA use is targeted subtly.

Fired Right After FMLA? That Timing Speaks Louder Than Words

The timing of a termination can reveal intent. If the firing occurs shortly after FMLA leave, especially within days or weeks, it casts serious doubt on any neutral explanation.

Some larger companies may attempt to disguise this by waiting a brief period, assigning minimal tasks, and then claiming an unrelated justification for termination.

Legal precedent recognizes that timing can signal intent. When a firing closely follows FMLA leave, it often strengthens a retaliation claim. In fiscal year 2024, the Wage and Hour Division recovered millions in back wages from employers who violated FMLA and retaliation laws. These circumstances could also support a compelling wrongful termination case.

The Law’s on Your Side Even If Your Boss Wasn’t

The Family and Medical Leave Act grants more than just unpaid time off. It provides legal protections against punishment for using that leave.

Eligible employees under the FMLA receive:

• Up to 12 weeks of unpaid, job-protected leave per year.
• Continued group health benefits during leave.
• A guaranteed return to the same or an equivalent position.

When someone returns to find their job title gone or their authority diminished, that undermines the law’s promise. This tactic is visible in both public and private sectors. Employees are sometimes moved into obscure roles that technically exist but carry less value.

Such demotions can support claims under both federal and state law. FMLA retaliation attorneys often identify these subtle shifts as key evidence in building a strong case. Review your FMLA rights and protections as employers who commit this kind of conduct may also be liable under wage and hour laws, especially if the demotion involves unfair pay.

Just Got Fired? Start Protecting Yourself Before It's Too Late

The moments following a termination are filled with stress, but they’re also critical. What happens next can affect the outcome of any future legal action.

Don’t Leave Without a Paper Trail: Records That Can Save Your Case

Strong documentation can make or break an FMLA retaliation case. Without it, employers often control the narrative. With it, patterns of unfair treatment come into focus and inconsistencies in your employer’s explanation are easier to challenge. New York law protects workers from employer retaliation for asserting their legal rights.

To trigger your protections, save:

• Emails regarding leave approval or return-to-work status.
• Performance reviews issued before and after the leave.
• Any HR communications, disciplinary notices, or final written warnings.
• Meeting notes or internal memos referencing your absence or return.

Medical paperwork also plays a role. Certifications that verify the necessity of leave help confirm FMLA eligibility and compliance.

Exit documents, especially severance agreements, may include language that conflicts with the employer’s stated reason for termination. Keep these on file.

Why Having a New York Lawyer in Your Corner Changes Everything

Employers typically work with in-house counsel and external firms who are trained to protect the company’s interests. These legal teams know how to deflect liability and use documentation and procedure in their favor. An individual without legal help may be unprepared to counter those tactics or spot the inconsistencies that reveal retaliation.

But with the help of employment attorneys, you can:

• Identify retaliation patterns.
• Analyze timing, HR reports, and internal policies.
• Challenge vague or misleading “policy violations.”
• Build persuasive arguments for financial recovery.

In some courts, judges recognize the complexity of retaliation cases. But strong claims require thorough preparation and legal clarity. The Fair Labor Standards Act also intersects with FMLA in many cases. Many employees also discover their case overlaps with unpaid wage disputes or overtime violations.

Take Back Control After Unfair Firing

If you were fired after taking FMLA leave, the law may be on your side. No one should lose their job for putting their health or family first. Whether the retaliation was subtle or blatant, it’s time to find out what your rights are and how to protect them. Connect with FMLA retaliation attorneys who understand how these cases unfold.

To get answers and explore your options, reach out to Horn Wright, LLP. Your next move matters.