Atlanta FMLA attorneys, Kimberly Martin and Tom Martin, are tenacious Georgia employment law attorneys at Martin & Martin and routinely successfully represent employees in cases involving the federal Family Medical Leave Act (FMLA).
Martin & Martin is an Experienced and Dedicated Family Medical Leave Act Discrimination and Retaliation Law Firm in Atlanta, GeorgiaAtlanta FMLA attorneys, Kimberly Martin and Tom Martin, have over 35 combined years of employment law experience fiercely battling on behalf of employees who have been unfairly treated by their employer. One of Kimberly and Tom’s very first victories in court was an FMLA case in which they recovered substantial damages on behalf of an employee who was terminated while on FMLA leave. In that case, they alleged that the employer created a false reason to terminate the employee while they were on leave. Kimberly and Tom exposed the employer for what they did and now, over 14 years later, they still keep in touch with their client. That was the beginning of successfully representing many employees throughout the state of Georgia in cases involving the FMLA. They have successfully represented individuals with serious medical conditions who were terminated for taking federally protected leave as well as individuals who were terminated for taking FMLA leave to care for a family member with a serious medical condition.
Kimberly and Tom routinely speak to hardworking Georgia employees who are denied their federal right to take leave or are terminated the day they return from leave in retaliation for exercising their rights under the FMLA. Unfortunately, when an employee takes FMLA leave, it requires a company to temporarily fill the position. This may cost the company in time training the new worker and it may wreck a bit of havoc in moving some job duties among other employees. Therefore, many companies find it easier to just terminate the employee who is on FMLA leave.
Experienced FMLA attorneys, Tom and Kimberly understand the devastation that a termination of employment brings to an employee who is also dealing with a medical crisis or caring for a family member with a medical crisis. The actions of some companies in these situations are simple unconscionable and Martin & Martin holds them accountable because if it’s not right, Martin & Martin fights. And, they fight unapologetically hard and aggressive on behalf of their FMLA clients to recover every single penny owed to them.
Know The Law Martin & Martin’s Who, What, When, Why & How Information on the FMLAStatute: Family Medical Leave Act (FMLA).
Who does it Apply to: The FMLA applies to employees who have been employed for one year and worked at least 1250 hours. It also applies to employers who have at least 50 employees within a 75 mile radius of where the employee works.
What does it Say: The FMLA permits eligible employees to take up to 12 weeks of leave during a 12 month time period intermittently (a few hours or days at a time) or consecutively on the basis of a serious medical condition or to care for a family member with a serious medical condition. It also permits FMLA leave to care for a new born or newly adopted child. The FMLA prohibits employers from discriminating or retaliating against an employee for invoking their FMLA leave time. This includes terminating, demoting, or retaliating against an employee because the employee asked for or took FMLA leave. It also includes refusal to allow an employee to take this federally protected leave or the refusal to place the employee back into their original job position or substantially similar position upon return from leave.
When do You have to File a Claim: The FMLA like other employment laws has a statute of limitations. The statute of limitations under the FMLA is two years from the date of the adverse employment action.
Why Should You File a Claim: An employee can recover damages for violations of the FMLA including lost wages, future lost wages, liquidated damages (“double damages”), and attorney’s fees and costs of litigation.
How do You File a Claim: Once an individual with an FMLA case retains Martin & Martin, Kimberly and Tom file a federal FMLA lawsuit against the employer for violating the FMLA. Employees with FMLA claims do not need to file a Charge of Discrimination with the EEOC.
Speak with the FMLA Attorneys at Martin & MartinIf you believe you have been discriminated or retaliated against on the basis of taking FMLA leave, or if your employer refuses to permit you to take FMLA leave, Kimberly and Tom welcome the opportunity to speak with you. The FMLA statute of limitations is running, so speaking with an attorney as quickly as possible is important. Therefore, Tom and Kimberly are typically available for same day free consultations. Fill out the Contact Us form or call the firm directly for same day free consultations.
For more information about employment laws, see Employment Laws Frequently Asked Questions.