Strong Legal Advocacy in Morgantown
FMLA We Will Ensure Your Voice Is Heard

Family & Medical Leave Lawyer in Morgantown

Decades Spent Protecting Employees' FMLA Rights throughout West Virginia

The Family and Medical Leave Act (FMLA) is a federal law that permits certain employees to take unpaid leave for family and medical reasons. While simple and straightforward in theory, this law is a highly litigated area of the law. Even a seemingly insignificant fact can mean the difference between fair treatment and ineligibility for FMLA protections. The Moore Law Firm, PLLC, has experience litigating FMLA cases with successful results. We highly recommend that you contact an experienced Morgantown FMLA attorney to discuss your eligibility and potential for recovery.

Call (304) 521-2451 now or contact The Moore Law Firm, PLLC online to schedule your consultation about your FMLA case.

Am I Eligible for FMLA Protection?

Certain requirements must be met for an employee to receive protections under the FMLA.

The FMLA generally applies if the following elements are satisfied:

  • The employee must have been employed for 12 months (not necessarily in a row)
  • The employee must have worked at least 1,250 hours during the 12 months prior to the FMLA leave
  • The employee must have worked at a site with at least 50 or more employees within a 75-mile radius

Like most employment law claims, there are exceptions. Even if the previous three elements are not satisfied, an employee may still receive protections under the FMLA. Courts recognize that if an employer informs an employee that they are covered under the FMLA and the employee detrimentally relies upon that representation, the employer cannot thereafter dispute the employee’s eligibility.

An eligible employee can take FMLA leave for the following reasons:

  • Birth of a child
  • Placement of a child with the employee for adoption or foster care
  • A serious health condition that prevents the employee from performing essential functions of the job
  • Care for a spouse, son, daughter, or parent for a serious health condition
  • “Qualifying exigency” arising from deployment to a foreign county
  • Care for an injured or ill family member in the armed forces

What Protections Are Available under the FMLA?

The FMLA provides that an eligible employee is entitled to 12 weeks of unpaid leave. In addition, an employee is guaranteed restoration to his or her former position upon return to work. If the position is not available, then the employee must be restored to a similar position.

Two separate claims are available under the FMLA:

  • FMLA Interference: This arises when a covered employer interferes, restrains, or denies the employee FMLA rights. Commonly, FMLA Interference takes the form of an employer’s denial of an employee’s request for FMLA leave. However, it can also include situations where an employer takes an employee’s leave into consideration in evaluating his or her work performance.
  • FMLA Retaliation: Retaliation can take many forms and includes termination, discipline, and using FMLA leave as a negative factor in evaluations.

A successful employee can recover a host of damages, including:

  • Reinstatement
  • Lost wages and benefits
  • Liquidated damages
  • Costs and attorney fees

If you have questions about the FMLA or have been treated unfairly for requesting or taking FMLA leave, contact The Moore Law Firm, PLLC to discuss your situation.

Call us now at (304) 521-2451. We assist clients across West Virginia.

Our Case Results

Fighting for the Rights of Employees Throughout West Virginia

  • Confidential Settlement Settlement obtained shortly after filing suit.
  • Confidential Settlement Settlement obtained as a result of mediation.
  • Entry of Summary Judgment Summary judgment entered in our clients' favor.
  • Jury Verdict Jury returned a verdict in favor of our client
  • Employment Law $200,000

Client Reviews

Client Satisfaction Is Our Top Priority
  • Jared is very professional and makes sure you are taken care of from day one.

    “I would highly recommend him!”

    - Adam
  • Jared made sure the truth was heard!

    “Jared was extremely professional and always assured us it was going to be fine.”

    - Katrina
  • Mr. Moore was able to settle my dispute and get the outcome which we had hoped for.

    “He was quick to always return my phones and to respond with professionalism.”

    - Marcus
  • I highly recommend Jared Moore!

    “He not only walked us through our process with patience but also was available any time I needed a question answered.”

    - Tiffany
  • Jared made me feel very comfortable and kept me informed every step of the way.

    “Jared Moore cares about the people he represents and I would be proud to refer my family, friends and even strangers to him.”

    - Former Client

We Will Protect Your Rights

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