San Diego FMLA Violations Lawyer
Protecting Employees and Guiding Employers Through Complex Federal and California Leave Law Matters
The Family and Medical Leave Act (FMLA) is a cornerstone of federal employment law, giving eligible employees the right to take unpaid, job-protected leave for specific family or medical reasons. California employees may also be covered under the California Family Rights Act (CFRA), which mirrors many FMLA provisions but includes some important distinctions. Whether you are an employee whose leave rights have been violated or an employer struggling to stay compliant, FMLA-related issues can have far-reaching consequences.
At In Motion Law, APC, we represent employees and employers in FMLA and CFRA matters across San Diego County and throughout California. Our approach is straightforward and practical: understand the facts, interpret the law accurately, and develop a solution that serves our client’s best interests. Our San Diego FMLA violations lawyer knows how to negotiate disputes informally and how to pursue or defend claims vigorously when litigation is necessary.
Understanding FMLA and CFRA Rights
Under the FMLA, eligible employees are entitled to take up to 12 weeks of unpaid leave in a 12-month period for qualifying reasons. These reasons include caring for a newborn or newly adopted child, caring for a seriously ill spouse, child, or parent, or dealing with the employee’s own serious health condition. The law also protects certain types of military family leave. CFRA generally provides the same rights but expands the scope in some key areas, such as covering a broader definition of family members and excluding pregnancy-related disabilities, which are instead protected under California’s Pregnancy Disability Leave (PDL) law.
To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months, must have logged at least 1,250 hours in the past year, and must work at a location where the employer has at least 50 employees within a 75-mile radius. These same eligibility standards apply under CFRA, except that CFRA covers employers with as few as five employees. Additionally, the nuances of leave types and employer obligations further distinguish the two laws from each other.
Common FMLA Violations in San Diego
FMLA violations can take many forms. Some are the result of misunderstandings, while others reflect a deeper failure to recognize or comply with legal obligations. One of the most common violations is the outright denial of leave to an eligible employee who has properly requested it. Employers might also misclassify the reason for leave or demand inappropriate documentation that goes beyond what the law allows.
Interference with leave is another form of violation. This includes discouraging an employee from taking leave, failing to restore workers to the same or equivalent position upon return, or taking adverse action such as termination, demotion, or reduction of hours because the employee exercised their FMLA rights. Retaliation for requesting or taking leave is also prohibited and often results in legal claims.
In some cases, employers fail to notify employees of their rights altogether. Both the FMLA and CFRA require employers to provide clear information about leave entitlements, obligations, and consequences. If the employer fails to give timely notice or misleads an employee about their rights, they may be liable for interfering with protected leave.
The Employee’s Perspective
For employees, taking FMLA or CFRA leave is often not a matter of convenience but necessity—whether to manage a serious illness, recover from surgery, or care for a family member in crisis. When a valid leave request is denied, or when an employee returns to find their job changed or eliminated, it adds hardship to an already difficult situation. In some cases, employees are terminated during or immediately after their leave, often under pretextual reasons that mask unlawful retaliation.
At In Motion Law, APC, we help employees understand their rights, assess whether a violation has occurred, and develop a clear plan of action. That may involve pursuing reinstatement, negotiating a severance, or filing a complaint with the U.S. Department of Labor or the California Civil Rights Department. When necessary, we pursue litigation to hold employers accountable and seek damages for lost wages, emotional distress, and attorney’s fees.
The Employer’s Perspective
Employers face complex challenges in administering leave policies—especially when juggling multiple legal frameworks such as FMLA, CFRA, PDL, the ADA, and workers’ compensation. Even well-intentioned employers can find themselves out of compliance due to poor recordkeeping, vague internal policies, or a lack of training for supervisors and HR personnel.
We assist employers in reviewing and updating their leave policies, handling employee requests, documenting leave-related decisions, and conducting compliant return-to-work processes. When a dispute arises, we provide strategic advice and defense services aimed at resolving matters quickly and fairly, minimizing risk, and protecting the business’s reputation and resources.
How the Legal Process Works
When an employee believes their FMLA rights have been violated, the first step is often an internal complaint to their HR department or upper management. If that does not resolve the issue, the employee may file a complaint with the Department of Labor (for FMLA) or the California Civil Rights Department (for CFRA), or proceed directly to court depending on the type of claim.
Litigation in these cases often focuses on whether the employer had a valid reason for their action or whether the leave request was properly documented. The timing of adverse employment actions in relation to a leave request is also heavily scrutinized, as is the employer’s consistency in enforcing leave policies. Evidence such as emails, performance evaluations, and leave logs becomes central to proving or defending against a claim.
Whether you are an employee bringing a claim or an employer defending one, having an experienced attorney who understands both sides of the issue is invaluable. At In Motion Law, APC, we’re known for our thorough preparation, effective advocacy, and pragmatic advice.
Talk to a San Diego FMLA Attorney Who Knows Both Sides
FMLA and CFRA violations are serious and often deeply personal for the individuals involved. At the same time, they pose significant compliance and liability risks for employers. At In Motion Law, APC, we represent clients on both sides of the issue with empathy, integrity, and a clear focus on solutions.
Attorney Jack H. Pogosian brings extensive litigation experience and a commitment to doing what’s right for his clients, even when it means taking the harder road. Whether you need help resolving a dispute quietly or want to stand your ground in court, we are here to advocate for you.
Contact us today to schedule a consultation. We serve clients in San Diego and throughout California.
