What Is FMLA Retaliation and How Do You Prove It? Reviewed by Richard S. Swartz, Esq. | Updated April 2026 | Practice Areas: FMLA, Retaliation, Wrongful Termination, NJLAD, Disability Accommodation Most people who think they’ve experienced FMLA retaliation don’t have a single piece of damning evidence. They have a sequence of events. The leave was…
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Most people who contact our firm regarding pregnancy discrimination feel a devastating mix of joy and panic. You announced your pregnancy, expecting congratulations. Instead, the atmosphere shifted. Suddenly, your hours were cut, you were passed over for a promotion, you were denied basic physical accommodations, or—worst of all—you were “laid off” just weeks before your…
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Reviewed by Richard S. Swartz, Esq. | Updated April 2026 | Practice Areas: FMLA, NJFLA, Disability Accommodation, Wrongful Termination, Retaliation Most people who ask whether their employer can deny their FMLA request are already worried — they’ve submitted paperwork, gotten silence or pushback, and now they’re trying to figure out whether what they’re hearing is…
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Reviewed by Richard S. Swartz, Esq. | Updated May 2026 | Practice Areas: FMLA, NJFLA, Wrongful Termination, Disability Discrimination, Retaliation Most people who reach out about a firing during medical leave aren’t sure if it was legal — they just know the timing felt wrong. The leave was approved. The doctor’s note was on file.…
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You did everything right. You followed the employee handbook. You gathered your courage, sat down with Human Resources or your manager, and reported the discrimination, sexual harassment, or abusive behavior you were experiencing at work. You expected the company to investigate, intervene, and make it stop. Instead, they did nothing. Or worse—they made excuses for…
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Reviewed by Richard S. Swartz, Esq. | Updated April 2026 | Practice Areas: Wrongful Termination, Discrimination, Retaliation, FMLA Most people who reach out to us aren’t sure whether what happened crossed a legal line — they just know something doesn’t feel right. The timing was strange. The reason didn’t match the paper trail. Coworkers in…
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You went out on medical leave. You followed your doctor’s orders, submitted your paperwork, and kept your employer informed. Then you got a call — or a letter — telling you your job was gone. If that happened to you, the first question is whether it was legal. The answer depends on why you were…
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If you reported discrimination, filed a complaint, requested leave, or refused to participate in something illegal — and your employer responded by demoting you, cutting your hours, giving you negative reviews, or firing you — you may have a retaliation claim. But having experienced retaliation and being able to prove it are two different things.…
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Your employer put “salaried” on your offer letter. You work 50, 55, sometimes 60 hours a week. And when you ask about overtime, you get the same answer: salaried employees don’t get overtime. That may be wrong. Being paid a salary does not automatically exempt you from overtime. Under federal law and New Jersey and…
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If your employer denied your FMLA leave request and pointed to missing or incomplete paperwork, that may not be a valid reason — even if the paperwork genuinely was not finished on time. What many employees don’t know is this: before an employer can deny FMLA leave based on incomplete documentation, the employer must follow…
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