Fired on Medical Leave in Tallahassee: Employment Rights
Medical emergencies may make you feel like you’re forced to choose between your health and your career. When serious illness strikes, you should be able to focus on recovery without fear of termination. Yet some Florida employers dismiss workers who take protected medical leave, creating financial hardship during an already difficult time. This raises the question: can you be fired while on medical leave?
At Cruz Law Firm, P.A., we believe no one should lose their job for prioritizing their health. Federal and state laws exist to prevent this treatment. If your employer fired you while on medical leave, you may have grounds to challenge that decision. Understanding your rights helps you recognize violations and take legal action to protect your livelihood.
Understanding Employee Rights Under FMLA
The Family and Medical Leave Act (FMLA) protects employees who need time off for serious health conditions or to care for a sick spouse, child, or parent. Eligible employees can take up to 12 weeks of unpaid, job-protected leave within a 12-month period. Military families receive up to 26 weeks to care for a covered service member with a serious injury or illness.
During this time, employers must maintain group health insurance under the same terms as before the leave. You must also be reinstated to your same job or an equivalent position when you return.
To qualify, you must work for an employer with at least 50 employees within 75 miles for at least 12 months and have worked at least 1,250 hours in the past year. Employers cannot interfere with your FMLA rights, retaliate for taking leave, or deny valid requests.
When Firing During Medical Leave Becomes Wrongful Termination
Termination during medical leave violates federal law when it occurs because you took protected time off. If you were fired on medical leave in Tallahassee, it may be considered unlawful retaliation under FMLA. Similarly, dismissing someone who requests reasonable disability accommodations breaches the Americans with Disabilities Act (ADA).
The timing of a termination often exposes improper motives. Employers who act soon after a leave request or during an absence raise suspicion that the decision was retaliatory. Claims of sudden performance issues or business restructuring may also be questionable if the problems only appeared after sick leave or if others without absences were treated differently.
Retaliation includes more than termination. Demotions, pay cuts, reduced hours, undesirable assignments, or hostile work environments connected to medical leave can all be violations. Employers who pressure workers to resign or imply that their job will be eliminated also engage in unlawful constructive discharge.
Common Employer Violations in Tallahassee Workplaces
Tallahassee employers sometimes violate medical leave protections in several ways, such as:
- Some employers deny FMLA leave even with proper medical certification.
- Others approve leave but terminate employees before it ends as retaliation.
- In some cases, employers may demote employees on FMLA, reduce their pay, or otherwise negatively impact their employment.
- Some employers impose unlawful conditions, such as requiring excessive medical documentation.
- Others misclassify legitimate medical absences as unexcused to justify unwarranted discipline or termination.
- Failing to inform workers of their FMLA rights is another violation. Employers must display required notices and provide clear information when leave is requested. Withholding this knowledge prevents employees from exercising their rights.
- Some employers discourage leave, hint at negative consequences, or implement policies that make taking time off difficult. These actions violate federal law, even if leave is not formally denied.
Steps to Take If You Are Fired While on Medical Leave
Taking immediate action helps protect your rights if you’re fired while on medical leave:
- Start by requesting written documentation explaining the reason for termination, as inconsistencies in their explanation may later serve as key evidence.
- Gather all records related to your employment and medical leave, including requests, certifications, approval notices, emails, and performance reviews. These documents help establish a timeline showing potential retaliation.
- Record details of all conversations with supervisors or HR, noting dates, times, and discussion points. Written summaries made soon after each event carry greater credibility.
- Preserve evidence showing coworkers received different treatment to support your wrongful termination claim.
- Consult an employment law attorney promptly, as FMLA lawsuits must be filed within two years – or three if the violation was willful.
How an Employment Lawyer Can Protect Your Rights in Tallahassee
There are several ways that an employment attorney can help you if you think you were wrongfully terminated for taking medical leave, including:
- Identify valid cases – Your attorney can review your termination case to determine whether your employer violated the FMLA or other employment laws. They analyze your work history, medical leave documentation, and the circumstances surrounding your dismissal to identify legal violations and assess your claim’s strength.
- Negotiate for a resolution – Attorneys communicate with employers to demand explanations and pursue fair resolutions. Many cases settle through negotiation once employers recognize their liability, potentially allowing recovery of lost wages, benefits, and related damages.
- File FMLA violation claims – If a settlement is not possible, lawyers file claims to prove the link between medical leave and termination. Attorneys also represent clients before the U.S. Department of Labor, ensuring procedural compliance and strong evidence presentation. A successful claim could result in reinstatement, back pay, restored benefits, and liquidated damages equal to your losses.
- Protect your rights – Throughout the process, your lawyer protects you from retaliation. Any adverse action after a complaint can strengthen your wrongful termination case and increase potential damages.
Protect Your Job and Health: Consult a Tallahassee Employment Attorney Today
Your employer’s decision to fire you during medical leave may violate state or federal laws that protect Florida employees facing serious health issues. If you were fired on medical leave in Tallahassee, do not accept termination without understanding your rights and available remedies.
Cruz Law Firm, P.A. represents Tallahassee employees wrongfully terminated during medical leave. With nearly 20 years of combined experience and over $15 million recovered, our attorneys have taken more than 100 cases to trial, fighting for justice and fair compensation for our clients.
We carefully investigate each case to identify FMLA or Florida employment law violations. Our team negotiates firmly to hold employers accountable and pursue meaningful results. Clients describe Tiffany Cruz as “a great attorney, who is extremely knowledgeable and will fight hard for you.”
Contact Cruz Law Firm, P.A. today to discuss your case in a confidential consultation. Acting quickly protects your rights and preserves your legal options.
They were extremely compassionate during a time that was incredibly difficult for me and my family. I am so grateful to this law firm. To them you are more than just a client.
They were quick to respond and asked for specific details around my inquiry. They are great! They went above and beyond to help me get my questions answered. I would highly recommend them to anyone looking for a great firm.
If I was looking for an employment law firm, Tiffany Cruz and her team would be the first place I’d look. Everyone from receptionists, to the wonderful (!) office manager and associates will make you feel taken care of and welcome.
How the evidence was presented, how information was brought forward, and how the courtroom engagement from Tiffany and The Cruz Law team was kept to a highly professional level, was outstanding. Even more remarkable was the way things were laid out in such a strategic way to help my loved one’s case.
Tiffany represented me during a very trying time. Her dedication to my case and my best interest surpassed my expectations. When someone needs an attorney it is usually a rather emotional time. To have complete confidence in your attorney is the best.
If you're looking for a great attorney, who is extremely knowledgeable and will fight hard for you, look no further!! As a single mom I just felt defeated and that there was no way I was going to get the money owed to me. That was until I met Tiffany.
Tiffany gave me great counsel through a rough time in my employment career. She was very caring, honest, and transparent in her assessment and followed up with me on multiple occasions to make sure I was protecting myself through the process. Thanks!
I highly recommend Tiffany Cruz. She is courteous, professional, and understanding of the employment law. Her outstanding negotiation skills resulted in a swift and fair outcome.
Author: Cruz Law Firm P.A.
At Cruz Law Firm, P.A., we represent employees in Tallahassee, Jacksonville, and throughout the Florida Panhandle. We’ll fight to protect your employment rights, from workplace discrimination and sexual harassment to wrongful termination and whistleblower claims. Let us put our experience to work for you.
Proudly serving
Tallahassee, Jacksonville,
and the Florida Panhandle
325 N. Calhoun StreetTallahassee, FL 32301(850) 701-8838
