FMLA Retaliation Attorney in Chicago, Illinois

Were You Fired, Demoted, Disciplined, or Punished for Taking Protected Medical Leave?

Taking time away from work to recover from a serious medical condition or care for a family member should not cost you your career. Under the federal Family and Medical Leave Act (FMLA), eligible employees of covered employers have important protections against unlawful retaliation for exercising their medical and family leave rights.

If your employer fired you after FMLA leave, reduced your hours, denied a promotion, issued disciplinary warnings, or otherwise penalized you because of protected leave, you may have grounds for an FMLA retaliation claim in Illinois.

At Pinkston Law Group, P.C., Chicago employment attorney Danielle A. Pinkston represents employees facing FMLA retaliation, wrongful termination, medical leave discrimination, and other unlawful workplace practices.

Our firm represents employees throughout Chicago, Cook County, and surrounding Illinois communities.

Schedule Your Employment Law Consultation

Call (773) 770-4771 to discuss your rights.

Learn more about our Chicago Employment Law Practice and FMLA & Medical Leave Legal Services.

What Is FMLA Retaliation Under Federal Employment Law?

FMLA retaliation occurs when an employer takes prohibited action against an employee because the employee exercised or attempted to exercise protected rights under the Family and Medical Leave Act or engaged in other activity protected by the statute.

The FMLA protects qualifying employees who need leave for certain medical and family circumstances.

Under 29 U.S.C. § 2615, employers are prohibited from interfering with FMLA rights and discriminating against individuals for opposing practices made unlawful by the Act.

Federal regulations also prohibit employers from using FMLA leave as a negative factor in employment decisions.

See 29 C.F.R. § 825.220.

Examples of potential FMLA retaliation in Illinois include:

• Firing an employee because the employee requested protected medical leave.
• Terminating an employee after returning from FMLA leave because the employee used that leave.
• Demoting an employee for taking qualifying family or medical leave.
• Reducing work hours or compensation because of protected absences.
• Issuing disciplinary warnings for properly protected FMLA absences.
• Denying advancement opportunities because an employee exercised FMLA rights.
• Penalizing an employee for reporting unlawful FMLA practices.
• Retaliating against an employee for participating in protected FMLA proceedings.

Not every unfavorable employment decision following medical leave is unlawful. The applicable legal standards, employer’s explanation, and available evidence determine whether an employee has a viable claim.

Employees experiencing adverse treatment may also benefit from reviewing our Chicago Workplace Retaliation Attorney page.

Can Your Employer Fire You for Taking FMLA Leave in Illinois?

An employer generally cannot lawfully terminate an employee because the employee exercised protected FMLA rights.

However, the FMLA does not guarantee employment regardless of circumstances. An employer may still terminate an employee for a legitimate reason unrelated to protected leave.

For example, an employee who has consistently received positive performance evaluations may request FMLA leave for surgery. Shortly after returning, the employee receives unexpected disciplinary warnings and is terminated.

Those circumstances may warrant an investigation into whether the employer’s stated reason was genuine or whether the termination was connected to protected medical leave.

Potential warning signs include:

• Termination shortly after requesting FMLA leave.
• Dismissal immediately after returning from approved leave.
• Disciplinary action based on protected medical absences.
• Negative comments from supervisors about the employee’s need for leave.
• Sudden changes in performance evaluations.
• Inconsistent explanations for termination.
• More favorable treatment of similarly situated employees who did not take protected leave.

If you were fired following medical leave, read our Wrongful Termination After Medical Leave in Illinois service page.

You can also learn about related claims on our Chicago Wrongful Termination Attorney page.

Common Examples of FMLA Retaliation in the Workplace

1. Wrongful Termination After FMLA Leave

An employer may violate the FMLA by terminating an employee because the employee requested or took protected leave.

An employee’s termination immediately after medical leave does not automatically prove retaliation. However, timing combined with other evidence may support a claim.

Relevant evidence may include statements by supervisors, changes in performance assessments, and inconsistent treatment of employees.

Our firm evaluates these circumstances as part of its wrongful termination representation in Chicago.

2. Demotion After Returning From Medical Leave

Employees returning from qualifying FMLA leave generally have a right to restoration to the same or an equivalent position, subject to statutory exceptions.

An employer may violate the FMLA by demoting an employee because the employee exercised protected leave rights.

Under 29 U.S.C. § 2614, qualifying employees generally have job restoration protections.

A demotion may involve reduced compensation, diminished responsibilities, or loss of employment opportunities.

3. Negative Performance Reviews After FMLA Leave

Some employees return from protected leave and suddenly receive unfavorable performance evaluations despite previously satisfactory work.

A negative review may be relevant evidence of retaliation when it improperly penalizes protected leave or contributes to an actionable employment decision.

An employee should preserve previous performance evaluations, written feedback, and communications concerning the challenged review.

4. Reduced Work Hours or Compensation

An employer may violate FMLA protections by reducing an employee’s hours or compensation because the employee exercised protected leave rights.

For example, an employee who previously worked a full-time schedule may return from FMLA leave and be assigned substantially fewer hours because the employer resents the employee’s absences.

Whether this conduct is unlawful depends on the facts, applicable restoration requirements, and evidence of the employer’s reasons.

5. Disciplinary Action for Protected FMLA Absences

Employers generally cannot count protected FMLA leave as attendance violations or use qualifying leave as a negative factor in employment decisions.

For example, an employer may improperly assign attendance points for approved FMLA absences and later rely on those points to justify discipline.

The U.S. Department of Labor’s FMLA guidance provides additional information about protected leave rights.

6. Retaliation for Reporting FMLA Violations

Employees may also have legal protections when they oppose conduct prohibited by the FMLA or participate in protected FMLA-related proceedings.

An employer cannot lawfully punish an employee for activity protected under the applicable anti-retaliation provisions.

Our Workplace Retaliation Attorney page explains additional employment retaliation protections.

What Is the Difference Between FMLA Retaliation and FMLA Interference?

Employees often confuse FMLA interference with FMLA retaliation.

Although the claims can arise from the same circumstances, they address different legal issues.

FMLA Interference

FMLA interference generally involves an employer improperly denying, restraining, or interfering with an employee’s exercise or attempted exercise of protected leave rights.

Examples may include:

• Denying qualifying FMLA leave without a lawful basis.
• Discouraging an eligible employee from taking protected leave.
• Improperly counting protected absences against an employee.
• Failing to provide required FMLA notices when the violation causes legally cognizable prejudice.
• Refusing job restoration when required by law.

FMLA Retaliation

FMLA retaliation involves prohibited adverse treatment connected to protected FMLA activity.

Examples may include:

• Termination because of protected leave.
• Demotion because an employee used qualifying leave.
• Discipline based on protected medical absences.
• Punishment for opposing unlawful FMLA practices.

The precise legal framework depends on the facts and controlling law. Some employment actions involving the use of leave may also be analyzed under an interference theory.

Our Chicago FMLA & Medical Leave Attorney page explains both types of claims.

How Do You Prove FMLA Retaliation in Illinois?

An employee pursuing an FMLA retaliation lawsuit in Chicago must establish the elements required under the applicable legal theory.

Depending on the circumstances, relevant issues may include:

1. Whether the employee engaged in activity protected by the FMLA.
2. Whether the employer took a legally actionable adverse employment action.
3. Whether the evidence supports a causal connection between the protected activity and the adverse action.

Courts may evaluate both direct and circumstantial evidence.

Evidence That May Help Establish FMLA Retaliation

Relevant evidence may include:

• FMLA leave requests.
• Medical leave approval notices.
• Emails and text messages with supervisors.
• Human resources communications.
• Performance evaluations before and after leave.
• Attendance records.
• Disciplinary warnings.
• Termination letters.
• Payroll records showing lost wages.
• Statements concerning the employee’s medical leave.
• Evidence showing how similarly situated employees were treated.

Employees should preserve only documents and information they are legally authorized to access or possess.

An experienced Chicago FMLA retaliation attorney can review available evidence and evaluate whether additional information should be obtained through appropriate legal procedures.

Can Your Employer Retaliate Against You for Requesting FMLA Leave Before You Take It?

An employee may be protected when attempting to exercise FMLA rights, including requesting qualifying leave.

For example, an employer’s decision to terminate an eligible employee because the employee requested protected medical leave may violate federal law even if the leave never began.

Whether a request qualifies for protection depends on the employee’s eligibility, the information provided, and other statutory requirements.

For additional information, review the U.S. Department of Labor’s FMLA Frequently Asked Questions.

Can Your Employer Retaliate Against You for Taking Intermittent FMLA Leave?

Eligible employees may qualify for intermittent FMLA leave or a reduced work schedule when medically necessary or otherwise permitted by law.

Intermittent leave may be appropriate for:

• Recurring medical appointments.
• Treatment for chronic conditions.
• Periodic episodes of incapacity.
• Qualifying medical treatment.
• Caring for an eligible family member with a serious health condition.

Employers generally cannot lawfully penalize employees merely for using properly protected intermittent FMLA leave.

However, employees must satisfy applicable notice, certification, and other requirements.

What If Your Employer Claims You Were Fired for Poor Performance?

An employer may argue that termination resulted from poor performance, misconduct, or attendance issues rather than protected medical leave.

An FMLA retaliation claim may require examining whether the stated explanation was genuine.

Relevant considerations may include:

• Whether performance concerns existed before the employee requested leave.
• Whether the employer followed its ordinary disciplinary procedures.
• Whether protected absences were counted against the employee.
• Whether similarly situated employees received different treatment.
• Whether the employer’s explanation changed.
• Whether supervisors expressed resentment about medical leave.

A legitimate performance-based termination may be lawful. However, an employer cannot use a false explanation to conceal unlawful retaliation.

Employees who believe they were fired for an unlawful reason may also review our Wrongful Termination Legal Services.

What If You Need Additional Medical Leave After FMLA Expires?

The FMLA generally provides eligible employees with up to 12 workweeks of protected leave during the applicable 12-month period, subject to special rules.

After FMLA leave is exhausted, employees may have additional protections under the Americans with Disabilities Act (ADA) or the Illinois Human Rights Act.

In appropriate circumstances, a finite period of additional leave may qualify as a reasonable accommodation, subject to the applicable legal standards and defenses.

Employers are not automatically required to provide unlimited leave.

Pinkston Law Group represents employees in related disputes involving:

• Failure to Accommodate a Disability.
• Medical Leave Discrimination.
• Disability-Related Leave Requests.

Employees can also review the EEOC’s reasonable accommodation guidance.

What Damages Can You Recover in an FMLA Retaliation Lawsuit?

Depending on the applicable claim and evidence, remedies under 29 U.S.C. § 2617 may include:

• Lost wages and salary.
• Lost employment benefits.
• Certain actual monetary losses resulting from the violation.
• Interest on recoverable monetary losses.
• Liquidated damages, subject to the statutory good-faith defense.
• Reinstatement or other appropriate equitable relief.
• Reasonable attorney’s fees and litigation costs where authorized.

Emotional distress damages and punitive damages generally are not available under the FMLA itself.

Other employment laws may provide different remedies when their separate legal requirements are satisfied.

How Long Do You Have to File an FMLA Retaliation Lawsuit in Illinois?

The FMLA generally provides a two-year statute of limitations for filing a civil action.

For willful violations, the limitations period may extend to three years.

See 29 U.S.C. § 2617(c).

Employees generally do not need to file an EEOC charge before bringing an FMLA lawsuit.

However, related claims under the ADA or other employment discrimination laws may have separate administrative requirements and filing deadlines.

Because multiple legal deadlines may apply to the same employment dispute, employees should seek legal advice promptly.

Why Choose Pinkston Law Group, P.C. for Your FMLA Retaliation Claim?

Pinkston Law Group, P.C. is a Chicago law firm representing employees in employment disputes involving wrongful termination, workplace retaliation, discrimination, and protected medical leave.

Founded in 2010, our firm provides individualized legal representation and evaluates each client’s circumstances to identify potentially applicable legal protections.

Attorney Danielle A. Pinkston represents employees in matters involving:

• FMLA retaliation.
• FMLA interference.
• Wrongful termination after medical leave.
• Workplace retaliation.
• Disability discrimination.
• Failure to provide reasonable accommodations.
• Medical leave discrimination.

Our firm understands that workplace retaliation can affect an employee’s income, healthcare, professional reputation, and financial stability.

We serve clients in Chicago and throughout Illinois, including Cook County, Will County, DuPage County, and Kane County.

Learn more about our Employment Law Practice.

Frequently Asked Questions About FMLA Retaliation

Can my employer fire me after I request FMLA leave?

An employer cannot lawfully terminate an employee because the employee engaged in protected FMLA activity. However, legitimate employment decisions unrelated to leave may still occur.

Can I sue my employer for FMLA retaliation in Illinois?

Potentially. Employees may pursue claims when the evidence establishes a violation under the applicable FMLA legal standards.

Can my employer demote me after returning from FMLA leave?

An employer generally cannot demote an employee because the employee exercised protected FMLA rights. Applicable restoration rules and exceptions must also be considered.

Can my employer give me a negative performance review after FMLA leave?

An employer may evaluate legitimate performance concerns but cannot unlawfully penalize an employee for protected FMLA activity.

Can I sue for FMLA retaliation if I was not fired?

Yes. Other legally actionable employment decisions may support an FMLA claim, depending on the circumstances.

What if my employer says my position was eliminated?

A genuine position elimination may be lawful. However, an employer cannot use a claimed restructuring as a pretext for unlawful retaliation.

Can my employer count FMLA leave against my attendance record?

Employers generally cannot assign disciplinary consequences to properly protected FMLA absences or use protected leave as a negative factor in employment decisions.

How much is an FMLA retaliation lawsuit worth?

There is no standard settlement amount. Potential recovery depends on the evidence, financial losses, available statutory remedies, and applicable legal limitations.

Do I have to file an EEOC charge before suing for FMLA retaliation?

Generally, no. However, related claims under other employment discrimination laws may require administrative exhaustion.

Speak With a Chicago FMLA Retaliation Attorney Today

Were you fired, demoted, disciplined, or otherwise punished after requesting or taking protected FMLA leave?

You may have legal options under federal employment law.

At Pinkston Law Group, P.C., Attorney Danielle A. Pinkston represents employees throughout Chicago and Illinois in disputes involving FMLA retaliation, medical leave discrimination, and wrongful termination.

Schedule Your Employment Law Consultation Today

Pinkston Law Group, P.C.
30 N. Michigan Avenue, Suite 1004
Chicago, Illinois 60602

Call (773) 770-4771

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