Texas Maternity Leave Retaliation Attorneys
If you take your legally-mandated maternity leave, you shouldn’t have to worry about the security of your job when you return. Unfortunately, some employers retaliate against employees who rightfully take maternity leave.
The attorneys at Leichter Law Firm PC are well-versed in the many ways an employer may try to retaliate against you when you take or return from maternity leave. We are proud to represent hard-working parents who deserve job security. If you believe you’ve been the victim of maternity leave retaliation, call us at (956) 205-0884 or contact us online to schedule a free consultation with an experienced Texas maternity leave retaliation attorney today.
Do I Need a Maternity Leave Retaliation Lawyer?
Proving maternity leave retaliation can be a very complicated prospect. While it may be clear to you that your hours were reduced or you were demoted as a result of taking maternity leave, your employer will probably not see the issue the same way. Often, an employer will justify terminating or downgrading your employment with rules or policy violations to try to mask the real reason for retaliation. In order to succeed in your claim, you will have to have substantial evidence to demonstrate that the actions taken against you were wrongful.
A maternity leave retaliation lawyer will be prepared to refute the employer’s defense of your termination or demotion as being “for cause,” which means that your employer has a justification that you violated the rules or practices of the company. It is crucial to hire an attorney with experience in this area because of the complexity of proving that your maternity leave was the real reason for terminating or demoting you. A lawyer who has handled similar cases in the past will know what kinds of evidence may be required, and how to collect that evidence.
Why Choose Leichter Law Firm PC to Handle My Case?
The legal team at Leichter Law Firm PC is a highly skilled group that is familiar with all types of retaliation claims, and maternity leave retaliation is no exception. We have handled a variety of maternity leave retaliation cases for numerous clients, and we understand the most effective way to pursue these kinds of cases.
The founder of the firm, Louis Leichter, is a top-rated attorney with an AV Preeminent rating from Martindale-Hubbell for 2018. This honor is awarded only to lawyers with the highest ethical standards and professional ability.
Attorney David Langenfeld is board certified as a specialist in labor and employment law with more than 20 years of experience. He lectures on employment law issues, sharing his knowledge with attorneys and human resource professionals.
Leichter Law Firm PC works on a contingency basis, which means you don’t have to worry about how you’ll afford to hire an attorney for your maternity leave retaliation case because you don’t pay us anything until you receive compensation. There are no up-front fees; we’ll simply take a percentage of your final settlement. In the unlikely event that we are unable to recover any compensation for you, you will never owe us a dime.
Types of Cases We Handle
Under the Family and Medical Leave Act, federal law requires most employers to permit their employees to take up to 12 weeks of unpaid maternity or paternity leave. FMLA leave is available for a period of up to one year after the birth or the adoption of a child. The act specifies that when you return from maternity leave, you must be given your position or an equivalent one. While there is no guarantee that you will be able to return to the same position, your new job must meet certain criteria to be equivalent in terms of pay, benefits, and other conditions, such as privileges and status.
Employers often retaliate for employees taking maternity leave when the employee returns from taking full or partial maternity leave. While an employer has some flexibility with making sure your job duties are covered while you are on leave, you may be facing retaliatory actions if any of the following occurred upon your return:
- You were demoted
- Your pay was reduced because of being forced to take a new position
- You are not being staffed on high-level work or given equal responsibilities because of your leave
- You lost seniority or are no longer eligible to receive a promotion you previously qualified for
- You have been “mommy tracked”
- You are now required to perform activities that were not part of your job before, such as lifting heavy objects or standing all day
FMLA leave does not need to be taken all at once and can be used as needed. Sometimes, this can lead to retaliation because you may be working part-time and on leave at the same time. The lines can be blurry as to whether your employer is retaliating. Other signs of retaliation can include your employer not permitting you to work part-time, assigning you more work than you can complete on a part-time schedule when you are working part-time (which could lead to termination because you failed to perform enough work), or decreasing your salary to reflect a part-time status when you are on partial leave.
If you have been the victim of maternity leave retaliation in one of the above ways or another set of circumstances, you may be entitled to compensation for lost wages, mental anguish, and other damages. Hiring an experienced maternity leave retaliation attorney will assist you in recovering as much of the compensation you deserve as possible.
Contact Leichter Law Firm PC
If you believe your employer has retaliated against you for taking maternity leave, you might be entitled to receive financial compensation. At Leichter Law Firm PC, we are committed to aggressively fighting for the rights of employees and making sure they recover the money they deserve. We’re here to help. Contact our retaliation lawyers online or at (956) 205-0884 for a free, confidential consultation today to get started.