FMLA Retaliation Representation
The Family and Medical Leave Act protects your job when you take leave for your own serious health condition, to care for a family member, or to bond with a new child. If you were punished for using that leave, Thurgood represents employees in FMLA retaliation claims — without the cost of a law firm.
Get a free evaluationSigns of FMLA retaliation
Retaliation often follows closely after leave is requested, taken, or returned from:
Fired during or after leave
Termination timed to your leave, or shortly after you returned.
Demoted or reassigned
You came back to a lesser role, fewer hours, or a worse schedule.
Leave denied or discouraged
Your employer pressured you not to take leave you were entitled to.
Sudden negative reviews
A clean record turned into write-ups once you used protected leave.
Counted against you
Protected absences were used as a basis for discipline.
Not sure if what happened counts?
A free evaluation tells you where you stand — no cost, no obligation.
We negotiate a settlement with your employer
Settling directly with your employer is where we focus and where we specialize. Most matters can be resolved right here — privately, and faster than any filing.
Refine your story so it lands
We help you shape what happened into a clear, credible account that translates to the people deciding your case.
Strategize the approach
We read how the company and their attorney open discussions, and adapt our strategy to the way they negotiate.
Organize the evidence for impact
We identify the documentation that matters most and arrange it for maximum impact to close a deal.
If we can’t settle, we file and represent you
When a settlement can’t be reached up front, we pursue an award through the agency — and stay with you through every step of that process.
Prepare your filing
We convert your story and evidence into formal charge documents written to the agency’s standards.
Represent your interests with the agency
We become your point of contact, handling communications and deadlines throughout.
Prepare you for the investigator interview
We get you ready for the agency investigator’s questions so you can tell your account with confidence.
Prepare you for fact-finding conferences
We ready you for the conference where both sides present their version of events.
Prepare you for administrative law hearings
If your case reaches a hearing before an administrative law judge, we prepare you for that too.
Filing with the Department of Labor
FMLA retaliation is enforced by the Department of Labor’s Wage & Hour Division. The process generally unfolds like this:
- 01
A complaint is filed
A complaint is submitted to the Wage & Hour Division, generally within 2 years (3 if the violation was willful).
- 02
The WHD investigates
The agency reviews records, interviews witnesses, and examines the timing of what happened.
- 03
Resolution or relief
The WHD may secure reinstatement, back pay, and other relief, or facilitate a settlement.
- 04
Private right preserved
You retain the right to pursue the claim further if it isn’t resolved.
State family & medical leave laws
Many states add their own job-protected leave — often broader than the federal FMLA, with more covered reasons and smaller employer thresholds.
- 01
Check your state’s leave law
Some states protect leave the FMLA doesn’t, and cover employers too small for federal law.
- 02
File with the state labor agency
The complaint is filed with the agency that enforces your state’s leave statute.
- 03
Broader coverage
State programs may offer paid leave and reach part-time or newer employees.
- 04
Investigation & resolution
The agency investigates and may secure relief or a settlement.
Two roads to an award
You don’t have to sue in civil court to be made whole. The administrative agency process can deliver the same kinds of awards — back pay, reinstatement, damages — through a different, more accessible path.
Both can result in a real award. The agency route is built to be reached without a law firm — which is exactly where Thurgood represents you.
Frequently asked
Generally, employees who have worked at least 12 months and 1,250 hours for an employer with 50 or more employees within 75 miles. Your evaluation confirms whether you qualify.
Not automatically. If the timing and records suggest your leave was the real reason, a stated performance justification can be challenged as a pretext.
Often, yes. Many states have their own family and medical leave laws — sometimes paid, sometimes covering smaller employers. We check what applies where you work.
FMLA claims generally must be filed within two years of the retaliatory act — or three years if the violation was willful.
No — Thurgood represents you before the agency without the cost of a law firm.
Facing harassment, retaliation,
or wrongful termination?
Answer a few questions to get feedback on your claim & schedule a free consultation with an experienced employee advocate.
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