New York FMLA Lawyers

The Ottinger Firm, PC » New York FMLA Lawyers
New York FMLA Lawyers 2017-11-15T04:57:10+00:00

Got a Question you want to ask us?
Call 212-571-2000 or 415-262-0096

New York FMLA Lawyers

Our New York FMLA lawyers can help you solve your workplace problems.   Have you been fired after taking FMLA leave or inquiring about leave?   Have you been wrongfully denied FMLA leave?  If so, our FMLA lawyers can assist in negotiating a settlement.   We love FMLA cases because they are usually strong.  Most cases can be resolved quickly without going to court.    Our New York FMLA lawyers know this law well and use it on a daily basis to help employees and executives.  We have been handling FMLA cases since 1999.

Our New York FMLA Lawyers Know How to Settle FMLA Cases

The FMLA is one of the strongest employment laws. First, it provides for double damages for any FMLA violation.   Second, it creates a presumption of guilt against any employer that fires or otherwise punishes an employee within 90 days of taking or inquiring about FMLA leave.   Third, unlike most other federal employment laws, FMLA claims can be filed immediately and do not have to go through the annoying Equal Employment Opportunity Commission pre-filing process.   This combination creates leverage for employees who suffer FMLA violations.   Our New York FMLA lawyers are skilled at using this leverage to obtain fast and favorable settlements for our clients.   If you are looking for highly effective FMLA lawyers, please give us a call at 212-571-2000.

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Got a Question you want to ask us?
Call 212-571-2000 or 415-262-0096

FMLA Lawyers

Who is Covered by the FMLA?

You are covered by the FMLA if:

  • You’ve worked for your employer for at least 12 months and worked 1,250 hours in the last 12 months;
  • Your employer has at least 50 employees at your work location or within a 75-mile radius; and
  • You need time off to care for yourself or a close family (spouse, child, parent) due to a serious medical condition.

How Can our New York FMLA Lawyers Help You?

The first thing we do is determine if you have a viable FMLA case.   These cases typically involve an employee or executive who gets fired, or otherwise punished, for taking FMLA leave.   If the termination, or other punishment, occurs within 90 days of taking leave or inquiring about it, you probably have a strong case.   We use the power of your case to negotiate a settlement for you.   In most cases, employers are willing to settle once they realize the situation they are in.  Our FMLA lawyers go to great lengths to resolve these cases.   The amount obtained through settlement varies from case to case.   Factors that influence the amount of a settlement include your salary, length of employment, and the circumstances of the case.  In most cases, we are able to obtain a sizable amount that satisfies our client but each case is different.   In some cases, we have to file suit to obtain a good result and we are prepared to do that if the case is strong.

FMLA Lawyers
FMLA Lawyers

#2: Get Your Job Back (If You Want It)

Even after a bad FMLA experience with an employer, some clients want their jobs back, and this  is theoretically possible.

In reality, however, this is almost never a good idea. There is too much damage to the relationship, and it is impossible to go back to the way things were before.

When clients come to us for help, it is to gain compensation for the FMLA violation so they can move on with their lives and careers.

FMLA Lawyers

How Much Will It Cost Me?

Our FMLA lawyers typically work on a contingent fee basis. That means you pay no money to us up front for handling your case.

Our standard contingency fee is 33.33% of the amount we recover for you.  If we win nothing for you, then you owe us nothing.

There is no financial risk to you in pursuing your case.

How Does the FMLA Work?

The Family Medical Leave Act (FMLA) was designed to help employees take reasonable unpaid leave for certain family and medical reasons.

An illness, childbirth, or care for a sick immediate family member should not result in the loss of a job, and the FMLA protects employees from having to choose between the health and welfare of their family and their livelihood. Employees are entitled to up to 12 weeks of unpaid, job-protected leave per year.

The act has been used by employees more than 100 million times since it was enacted in 1993, allowing employees to welcome a new child into their homes via childbirth, adoption, or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to manage a serious personal health condition—all without worrying about losing their jobs.

The good news? FMLA works for both employees and employers when done right (91% of employers surveyed by the Department of Labor report a neutral or favorable impact on absenteeism, turnover, and morale with the FMLA).

However, we’ve seen the FMLA misused in a variety of ways by employers, and our experienced FMLA lawyers work for clients who are denied their legal right to take medical leave or who suffer retaliation, loss of wages, or termination for taking FMLA.

FMLA Lawyers
FMLA Lawyers

How Does FMLA Work?

The Family Medical Leave Act (FMLA) was designed to help employees take reasonable unpaid leave for certain family and medical reasons.

An illness, childbirth, or care for a sick immediate family member should not result in the loss of a job, and the FMLA protects employees from having to choose between the health and welfare of their family and their livelihood. Employees are entitled to up to 12 weeks of unpaid, job-protected leave per year.

The act has been used by employees more than 100 million times since it was enacted in 1993, allowing employees to welcome a new child into their homes via childbirth, adoption, or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to manage a serious personal health condition—all without worrying about losing their jobs.

The good news? FMLA works for both employees and employers when done right (91% of employers surveyed by the Department of Labor report a neutral or favorable impact on absenteeism, turnover, and morale with the FMLA).

However, we’ve seen the FMLA misused in a variety of ways by employers, and our experienced employment lawyers work for clients who are denied their legal right to take medical leave or who suffer retaliation, loss of wages, or termination for taking FMLA.

Got a Question you want to ask us?
Call 212-571-2000 or 415-262-0096

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