Avila & Shaddow Attorneys at Law
Call For A Free Consultation
818-676-9658 / 866-450-4LAW
Se Habla Español
Menu Contact
Aggressive Protection of Your Rights Under The Law

Man sues employer for FMLA interference

When an employee takes time off from their job, they're entitled to receive notices from their employer informing them about their rights under the Family and Medical Leave Act. Failure to present an employee with these notices can have severe consequences for the employer. Recently, a former bank employee won an FMLA interference claim after he alleged that his employer failed to inform him about his job restoration rights.

The plaintiff in the FMLA interference claim worked as a facilities manager for the Federal Reserve Bank of Richmond, Va. During his employment, the man struggled with alcoholism and depression and was eventually diagnosed with severe depression. After the man was hospitalized for psychiatric treatment in November 2010, he was granted one month of FMLA leave that he planned to take from Nov. 10 until Dec. 10.

Though the bank sent the employee notice about some of his FMLA rights, information about the man's right to job protection was not sent. On Nov. 16, the man returned to work because he feared that he would lose his job if he took an entire month off from work. After the man presented his employer with a doctor's note allowing him to return to work, he was sent on a three-day work assignment. The man failed to report to work and was fired on Dec. 21.

Just because an employer approves an employee's request to take FMLA leave does not mean that the employer cannot be sued for FMLA discrimination. If an employer fails to inform an employee about their FMLA rights or fails to reinstate the employee in an equivalent job position when they return from leave, the employee could file a claim for damages.

No Comments

Leave a comment
Comment Information

Contact Avila & Shaddow

We offer an initial consultation at no charge. Please call our office at 818-676-9658 or 866-450-4LAW. You may also contact our attorneys via email using the form below.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

Avila & Shaddow Attorneys at Law

Southern California
21800 Oxnard Street
Suite 1180 - Penthouse
Woodland Hills, CA 91367

Phone: 818-676-9658
Fax: 818-337-7265
Map & Directions

  • LACBA Los Angels Country Bar Association
  • Rated By Super Lawyers Mark S. Avila
  • California Employment Lawyers Association
  • Avvo Ratings Excellent Top Attorney Employment Law
  • Consumer Attorneys Association Of Los Angels Sustaining Member
  • AV Preeminent Peer Rated for Highest Level of Professional Excellence