My Employer is Discriminating Against Me for Taking Time Off Under the FMLA

Web Admin - Friday, May 06, 2016

employer discrimination, taking FMLA, Illinois Employment Law AttorneyMost workers have a federally protected right under the Family And Medical Leave Act (FMLA) to take up to 12 weeks off from work, unpaid, to care for themselves or a close family member who is sick or injured. Additionally, workers do not have to fear losing their job or being discriminated against or retaliated against. 

If you believe that you are an employee who is eligible for FMLA protection, but are worried that your employer has unlawfully violated your FMLA rights, you should consult with an experienced employment law attorney as soon as possible.

Examples of When a Person Can Take Time Off Under the FMLA

There are several instances when a worker can take unpaid leave from his or her job under the FMLA. Examples include:

- When a worker is ill, injured, or has a serious medical condition;

- When a worker needs to provide care for his or her spouse, child, or parent who has a serious medical condition or illness;

- When a worker is incapacitated due to pregnancy;

- When a worker needs prenatal care before a child birth;

- Child birth;

- When a worker needs to provide care to his or her newborn child; or

- A worker is pacing a child up for adoption or into foster care. 

How Do Workers Use FMLA Leave?

When a worker has notice ahead of time that he or she will need to take time off from work under the FMLA, he or she must provide his or her employer with 30 days of notice if possible. When advanced notice is not possible, or the need to take time under the FMLA is sudden and unplanned, workers need to provide notice as soon as possible. Works must follow their employer’s normal policies concerning taking leave. 

Employers Must Respect Your FMLA RIghts

If you are a worker who is eligible for FMLA protection, then your employer must comply with the law and allow you to take the qualifying time that you need. Employers are not permitted to interfere with your rights under the FMLA, nor can an employer restrain you or deny you your FMLA rights. Your employer is also prohibited from discharging you, or discriminating against you, for exercising your rights under the FMLA. 

Discrimination could take the form of:

- Treating you differently after you took FMLA time off;

- Denying you promotions or certain work projects or assignments;

-Giving you a bad review for no good reason other than that you took time off under the FMLA; and/or

- Deeming you ineligible for promotions or bonuses because you took time off under the FMLA. 

No one who is eligible for FMLA protections should be denied his or her rights by his or her employer. If you believe that your employer has improperly taken action against you or has discriminated against you for taking unpaid leave under the FMLA, you should consult with an Illinois employment law attorney today. 

Our law firm serves the communities of Crystal Lake, Des Plaines, Rolling Meadows, Schaumburg, Palatine, Buffalo Grove, Barrington, Inverness, and Deer Park. Please call 847-934-6000 to speak to a member of our team.

    Ken Apicella

    About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


What is Wrongful Termination?

Web Admin - Friday, April 08, 2016

wrongful termination, Illinois Employment Law AttorneysLoosing a job can be devastating to both you and your family. However, because Illinois is an at-will employment state, employers are generally allowed to terminate employees for whatever reasons they so choose. Still, this is not to say that all bases for termination are legal. 

When you are concerned that your employment termination was a wrongful termination, or you believe that your termination was in some way illegal, then you should discuss your case with an experienced employment law attorney to learn more about your rights.

Wrongful Termination 

There are legal protections in place to protect workers from wrongful termination. “Wrongful termination” does not necessarily mean that you feel your termination is unfair or unjustified. Rather, “wrongful termination” implies that the termination violates the law in some way. An employer may not terminate an employee for the following reasons:

- If the termination would violate an employment contract;

- If the termination was made on a discriminatory basis;

- If the termination is retaliatory for the employee exercising his or her rights. For instance, the following are impermissible grounds upon which to terminate an employee: 

- Filing a worker’s compensation claim;

- Filing a workplace safety complaint; 

- Filing a sexual harassment action; and

- Reporting wrongdoing in the company, i.e., whistle-blowing. 

- For taking legally protected time off from work for things such as jury duty, military leave, or time needed to care for oneself or his or her family members under the Family Medical Leave Act. 

Each of the above identified grounds for a termination would be a “wrongful termination” since each one violates the law in some way. 

Employment Contracts

Employees who have an employment contract are not considered to be “at will” employees. Rather, employment contracts impose a legal obligation between the employer and the employee—the employee will remain employed until the termination of the contract. Early termination of the employee would be an early termination of the contract, which is a violation of the terms of the contract. 

Discriminatory Termination 

Termination of an employee on the basis of discrimination is a violation of state and federal employment discrimination laws. There are certain legally protected statuses upon which an employee cannot be discriminated. These include the employee’s age, sex, race, religion, disability, national origin, pregnancy, genetic information, marital status, sexual orientation, gender identity, military status, unfavorable military discharge, arrest record, and lack of a permanent mailing address.

Retaliatory Termination

Employees have certain protected rights in Illinois under the Illinois Whistleblower Act and Illinois case law. Under these laws workers are allowed to exercise their rights without having to fear being terminated from their job. Employees can report instances of illegal conduct to the appropriate government authorities, and can also refuse to participate in company activities that the worker believes to be illegal. 

Employment law issues, such as wrongful termination, can be confusing. However, a skilled attorney can help. Please contact one of our experienced Illinois employment law attorneys today. Our Illinois law firm serves the communities of Schaumburg, Des Plaines, Rolling Meadows, Barrington, Palatine, Crystal Lake, Buffalo Grove, Arlington Heights, Inverness, and Deer Park. Please call 847-934-6000 to speak to a member of our team.

    Ken Apicella

    About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.





Recent Posts


Rolling Meadows Attorney Deer Park workers compensation lawyer Mount Prospect elder law attorney investment property Rolling Meadows boating crash lawyer Illinois criminal defense attorney hit and run accident Des Plaines DUI attorney IRA trust transfer workers compensation probate lawyer Illinois personal injury lawyer Deer Park traffic lawyer Barrington estate planning lawyer advance healthcare directive Illinois Transfer on Death Instrument traffic crimes Inverness civil lawyer homestead rights Illinois Wage Payment and Collection Act insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Des Plaines motorcycle accident attorney Illinois jet ski accident lawyer Legal Info estate attorney Deer Park criminal attorney insurance adjusters drug crime no contest clauses unpaid overtime CAM Crystal Lake estate planning lawyer Deer Park motorcycle accident lawyer Long Grove wills and trusts attorneys mass shooting Palatine drug lawyer Crystal Lake employment lawyer liens condo association Whistleblower Claims Illinois construction accident attorney Rolling Meadows criminal attorney Rolling Meadows accident lawyer pedestrian injuries, pedestrian fatality Palatine Attorney deed transfer Palatine corporate law attorneys Illinois real estate lawyer pedestrian accident appealing an insurance claim senior citizens holiday statistics Illinois insurance claim attorney Barrington injury attorney Palatine probate lawyer Illinois trusts attorney drug crimes Chicago estate planning Palatine trusts lawyer DMV revenge porn Palatine elder law attorney first degree murder medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers insurance claim delay Barrington life insurance lawyer driving Buffalo Grove employment lawyer Des Plaines personal injury lawyer Illinois pedestrian accident attorney jet ski crossover accidents internet boating accidents caretaker rights drugs Des Plaines personal injury lawyers trustee trauma after an accident commercial leasing slip and fall accidents foreclosed rental property Rolling Meadows employment law attorneys commercial leases Illinois boating accident lawyer Barrington employment law attorney drunk driving statistics LLCs Des Plaines pet law attorney Chicago life insurance attorney Illinois DUI attorney employment attorney Illinois collections attorney trucking accidents Palatine business attorney Arlington Heights medical malpractice lawyer uninsured motorist ken apicella Long Grove real estate lawyer POA personal injury accidents breach of contract loss of consortium Schaumburg drug defense lawyer Deer Park traffic accident attorney Rolling Meadows real estate attorney Rolling Meadows litigation lawyer cause-of-death exclusions Kenilworth estate planning attorney Illinois traffic attorney underfunded trust Des Plaines collections attorney trusts Schaumburg corporate attorney Barrington Traffic Lawyer eluding a police officer Schaumburg estate attorney boating under the influence Illinois civil litigation lawyer health insurance dispute dog bites federal crimes dram shop law power of attorney Arlington Heights TBI attorney anesthesia errors Illinois insurance claim dispute lawyer Chicago lawyer Barrington civil litigation attorney minimum wage Illinois medical malpractice claim car crash Illinois wills and trusts Rolling Meadows personal injury attorney traffic violations Schaumburg traffic lawyer Des Plaines claims law firm dynasty trusts insurance agent negligence Barrington estate planning attorney Schaumburg probate attorney preventable medical errors Illinois Workers’ Compensation Commission FSLA Arlington Heights wills and trusts lawyer employees insurance claim denials Thanksgiving jet ski accidents medication errors severance agreements drug possession Arlington Heights lawyer Illinois speeding lawyer sexual images insurance claim dispute attorney unpaid assessment South Barrington real estate lawyer coronavirus life insurance policy paid sick leave medical malpractice compensation startup company Buffalo Grove law firm traumatic brain injury Inverness corporate attorney breathalyzer test car collision Retaliatory Discharge boating DUI how to avoid common denials of life insurance claims Illinois probate lawyer Deer Park employment law attorney Do Not Resuscitate corporate law Buffalo Grove real estate attorney meal breaks Crystal Lake personal injury attorney Chicago estate planning lawyer natural gas explosion Rolling Meadows employment attorney life insurance lawyer Arlington Heights traffic attorney reckless homicide Arlington Heights employment law attorneys Home Remodeling Repair Act Inverness accident lawyer home inspection lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Palatine real estate lawyer insufficient documentation DGAA Inverness personal injury attorney motorcycle accident lawyer Chicago traffic lawyer Schaumburg medical malpractice lawyer new real estate form estate plan estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers digital information blended families operating agreements Illinois personal injury lawyers Mount Prospect wills and trusts lawyers taxes Forcible Entry pet law medical malpractice Palatine personal injury lawyer estate planning license revocation gift taxes insurance disputes Rolling Meadows traffic attorney Self-Directed IRA Accounts speeding Rolling Meadows Traffic Lawyer Food and Drug Administration's Food Safety Modernization Act fiduciary rule delay Illinois corporate lawyer Des Plaines personal injury attorney IRS wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace federal regulations for LLCs DUI defense Illinois bicycle safety car crash injuries Illinois estate planning attorney license unauthorized overtime Inverness real estate attorney Family Medical Leave Act motorcycle accident wrongful death Crystal Lake insurance lawyer wills loopholes bicycle dooring accidents pregnant women traffic accidents Arlington Heights trucking lawyer head on collisions underinsured motorist Arlington Heights accident attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Landlord Tenant Ordinance Chicago attorney Crystal Lake car accident attorney Barrington workers compensation attorney PTSD employee rights personal injury claim Illinois insurance claim dispute lawyers marijuana crimes attorney Palatine estate planning lawyer Barrington medical malpractice lawyers most common reasons for life insurance claim denials DUI elder law pedestrian accidents Schaumburg civil litigation attorney Buffalo Grove criminal defense lawyer landlord Chicago corporate attorney Palatine construction attorney criminal defense Chicago will attorney, social media platforms, Illinois estate planning lawyer, deadly crashes rollover car crashes Arlington Heights insurance attorney Chicago trucking accident attorney Crystal Lake criminal defense attorney Rolling Meadows criminal lawyer Barrington boating accident attorney hands free device right to work power of attorney for healthcare insurance dispute attorney estate tax Illinois insurance dispute lawyers Deer Park accident attorney Schaumburg employment law attorneys consent to a search construction accidents food poisoning Illinois Probate Act of 1975 TBI life insurance claims Schaumburg personal injury attorney capital gains tax Deer Park personal injury lawyer Illinois personal injury Barrington criminal defense lawyer income distribution deducation Barrington personal injury lawyer IRELA construction contracts Rolling Meadows employment law attorney Des Plaines tax law firm landlord tenant law Illinois employment law firm pet bites civil litigation attorney Palatine insurance lawyer life insurance claim denial, denial of life insurance claim distracted driving accident victims social media after death medical marijuana insurance denial appeals overtime pay employment law, Illinois employment laws lapse in policy Palatine civil attorney workers comp Illinois home inspection Rolling Meadows estate planning attorney insurance denials Arlington Heights personal injury attorney Barrington drug crime attorney suspended license trust payments fiduciary rule defective products lawyer car accidents Inverness estate planning lawyer Illinois insurance claims lawyers Illinois pet lawyer pizza emoji clemency rollover accidents Deer Park medical malpractice attorney sexual harassment Illinois estate planning law firm insurance claim vacation home fines Arlington Heights tax lawyer Transfer on Death Instrument Illinois estate planning slip and fall Mount Prospect real estate lawyer car accident Inverness insurance attorney pedestrian-automobile accident probate fees irrevocable trust preventing accidents Schaumburg estate planning attorney back injuries Illinois employment law attorneys insurance negligence digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Rolling Meadows insurance dispute lawyers spinal cord injury Inverness probate lawyer Barrington real estate lawyer rent to own real estate contracts residential real estate whistleblower protections Crystal Lake accident attorney Class A misdemeanor living trust vs will employment lawyer GM ignition switches Barrington litigation attorney personal injury lawyer personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Arlington Heights pedestrian accidents real estate lawyer Arlington Heights wills and trusts lawyers Crystal Lake bike accident lawyer Schaumburg distracted driving accidents Barrington employment law firm Crystal Lake tax lawyer contracts Inverness elder law lawyer forming a corporation in Illinois drunk driving Illinois tax attorney Illinois traffic ticket lawyer installment contracts Attorney Ken Apicella Rolling Meadows DUI lawyer natural gas Palatine criminal defense lawyer Chicago biking tips Illinois trucking safety Arlington Heights wills and trusts attorneys premises liability wrongful termination traffic tickets Inverness injury lawyer Illinois real estate employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, traffic laws Schaumburg car accident attorney Des Plaines real estate lawyer unfunded trust Des Plaines drug crimes lawyer employee misclassification sole proprietorship civil rights violation Buffalo Grove insurance claim dispute lawyers murder Barrington criminal lawyer Crystal Lake traffic lawyer Illinois employee rights attorney. denied insurance claims criminal law modern family estate planning digital evidence business litigation Des Plaines Traffic Lawyer Buffalo Grove traffic lawyers college kids DUI penalities work unions real estate zoning Buffalo Grove car accident lawyer traumatic brain injuries defective products auto accidents cell phone medical malpractice claims Des Plaines real estate attorney Chicago insurance claim attorneys Illinois Sales Representative Act compensatory time Illinois business law atorneys Schaumburg injury lawyer healthcare claims liability claims Rolling Meadows life insurance claim denial attorney Arlington Heights Traffic Lawyer Arlington Heights personal injury lawyer Illinois employment law attorney Illinois living will Chicago will attorney probate claims process denied insurance claim elder abuse truck collisions Illinois injury lawyer Home Sale Contingencies swimming pools Barrington attorney owner responsibility manufacturing insurance claim dispute Illinois traffic laws BAC controlled substance Crystal Lake medical malpractice attorneys financial advisors Illinois wills and trusts attorneys overtime violations Illinois LLC creation Illinois workers compensation attorney Crystal lake insurance dispute attorney trucking accident lawyers DUI attorney Crystal Lake traffic attorney traffic deaths Rolling Meadows traffic law firm Arlington Heights injury attorney probate claims Chicago car accident lawyer Schaumburg criminal law attorney criminal agent criminal record Des Plaines medical malpractice attorney employment law Buffalo Grove probate lawyer Schaumburg Attorney texting and driving Illinois workplace lawyer Illinois insurance lawyer ObamaCare dealing with problem employees Illinois workplace discrimination attorney Arlington Heights car crash attorneys Illinois motorcycle accident lawyer Des Plaines life insurance living wills Illinois medical malpractice lawyers Schaumburg life insurance attorney Rolling Meadows insurance attorney cell phone tower data FMLA estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Illinois medical malpractice attorney denial of life insurance Illinois mortgages Palatine injury attorney rumble strips top life insurance claim denials living trust Crystal Lake business law attorneys civil litigation pain and suffering accidental death benefits attorney fees Schaumburg employment attorney Rolling Meadows medical malpractice lawyers Crystal Lake employment law attorney traffic offenses workers compensation benefits Schaumburg insurance lawyers Illinois job attorney tax attorney Illinois employment lawyer comparative negligence personal injury law firm Colin H. Gilbert Long Grove estate planning attorney car accident lawyers pay when paid contract Inverness DUI lawyer Illinois elder law attorney trench injuries Rolling Meadows personal injury lawyers Federal Food Drug and Cosmetic Act Chicago employment lawyer Crystal Lake pedestrian accident lawyer changes to mortgage law Des Plaines criminal attorney Des Plaines civil attorney Illinois will lawyer Illinois personal injury attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys bicycle accidents marijuana car accident lawyer subcontractor Palatine traffic accidents Palatine employment law lawyer insurance claims insurance claim denial Arlington Heights car accident lawyer Illinois attorney special needs trust workplace sexual harassment traffic violations defense condo job lawyers Illinois red light cameras School Visitation Rights Act Buffalo Grove life insurance attorney probate BUI icy parking lots Illinois employment attorneys Illinois rollover accident lawyers Illinois Human Rights Act Joliet general practice lawyers privacy golf accidents automated cars Detainer Actions Deer Park DUI lawyer Des Plaines injury law firm digital assets real estate bike accident Des Plaines drug lawyer privacy laws llinois Real Estate Lawyers Association Crystal Lake personal injury lawyer Fourth of July mortgage Buffalo Grove personal injury attorney Crystal Lake medical malpractice lawyer Rolling Meadows marijuana attorney insurance attorney Chicago employment attorney Des Plaines accident attorney Rolling Meadows corporate lawyer IRA benefits creditors foreclosure insurance agents Kenilworth estate planning lawyer Palatine workers compensation lawyer Illinois insurance attorney BAIID real estate leasing disability benefits Liquor Control Act product liability Rolling Meadows probate lawyer Illinois insurance disputes Rolling Meadows business lawyer employee discrimination Des Plaines insurance attorney murder defense Illinois Long Grove estate planning attorneys Long Grove estate planning Schaumburg real estate lawyer Employment Discrimination Law license suspension Illinois car accident attorney estate planning trusts DNR Buffalo Grove medical malpractice lawyers Arlington Heights wills and trusts attorney texting while driving Palatine punch death fault based insurance Illinois lawyer denial of insurance claim hiring employees Barrington personal injury attorney real estate attorney guardianship attorney estate planning attorney Rolling Meadows drug defense attorney Rolling Meadows personal injury lawyer wage theft cell phone accidents Illinois traffic attorneys Inverness traffic law firm Barrington business law firm Palatine employment lawyer field sobriety test caregiver Illinois driving without license Illinois registered agent Palatine traffic lawyer Crystal Lake law firm murder charges blood alcohol content Deer Park real estate law firm low-ball insurance settlement Mt Prospect Attorney Buffalo Grove corporate attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Exclusions Affordable Care Act Schaumburg criminal attorney fatal car accidents real estate contract expungement spinal cord injuries Long Grove real estate attorney Crystal Lake pet attorney commercial real estate Crystal Lake employment attorney Barrington Illinois estate planning lawyer liability Schaumburg elder law lawyer Illinois wrongful termination lawyer Schaumburg estate planning lawyer Illinois Trust Code drug crimes lawyer Chicago insurance law firm in terrorem provision Illinois Smoke Detector Act Rolling Meadows car accident lawyers Arlington Heights estate planning attorney healthcare Palatine employment attorney personal injury Schaumburg personal injury lawyers Jay Andrew Illinois employment laws license reinstatement Illinois employment law involuntary manslaughter Buffalo Grove injury lawyer Colin Gilbert Illinois workers compensation lawyer personal injury attorney Crystal Lake injury attorney car crashes Riverwoods estate planning lawyer Arlington Heights Attorney Palatine life insurance lawyer brain injury small business estate planning lawyer beneficiary complications Illinois medical malpractice case South Barrington real estate attorney Schaumburg construction accident lawyer filing a medical malpractice claim child safety real estate closing bad faith insurance claims Crystal Lake will lawyer Illinois small business real estate attorneys Arlington Heights criminal lawyer Barrington employment attorney Illinois law Policy Cancellation Palatine civil litigation lawyer nursing home negligence ACA Rolling Meadows insurance dispute lawyers, insurance dispute living trust benefits institutional trustee Rolling Meadows insurance lawyer employment contract wills and trusts surgical mistakes medical research Arlington Heights employment attorney problem employees Illinois business lawyer Schaumburg wrongful death attorney Illinois defective products attorney Arlington Heights real estate lawyer Rolling Meadows tax attorney Crystal Lake medical malpractice law firm estate planning for college students digital media accounts, estate planning, Arlington Heights estate planning attorney, Kenilworth estate planning attorneys Super Mario Crystal Lake civil litigation lawyer Palatine corporate attorney independent contractor probate process Inverness real estate lawyer Schaumburg personal injury lawyer Rolling Meadows Buffalo Grove traffic attorney material misrepresentation comp time rest breaks Crystal Lake car accident lawyer insurance dispute Illinois traffic accident lawyer Buffalo Grove personal injury lawyer underage DUI vacation home personal injury claims Fair Labor Standards Act products liability Palatine law firm