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Do I Have and FMLA Claim?

Legal Counsel from Atlanta FMLA Lawyers

When employers fail to abide by the Family and Medical Leave Act (FMLA), workers whose rights have been violated may have a claim against these employers. In such cases, working with an experienced lawyer – like the trusted Atlanta FMLA attorneys at Barrett & Farahany – is essential. Our team works to assert clients' rights, hold employers accountable, and obtain the justice and compensation to which they may be entitled.

What Makes an FMLA Claim?

To have an FMLA claim, workers have to first qualify for FMLA protections. Specifically, qualified workers will include those who:

  • Work for a covered employer, which will be any employer that staffs at least 50 employees (within a 75-mile radius of a given workplace)
  • Have worked for a covered employer for at least one year
  • Have worked at least 1,250 hours over the past 12-month period

If these conditions apply to you, then you may have an FMLA claim against your employer If your employer has:

  • Failed to notify you of your FMLA rights
  • Failed to grant you FMLA leave
  • Taken disciplinary action against you for exercising your FMLA rights
  • Failed to reinstate you to your former position (or an equivalent position) after returning from an FMLA leave
  • Taken any adverse employment action (including demotion or termination) against you for exercising your FMLA rights and/or for filing a complaint against your employer for violating your rights (as this type of retaliation is illegal)

When You Do Have an FMLA Claim

Taking action as soon as possible to file your claim will be essential, as there are very strict timeframes within which these claims have to be filed. Waiting too long can run out the statute of limitations for these claims, limiting (or eliminating) your options for recovery and justice.

Potential remedies, if you are able to prove that your FMLA rights were violated, can include (but may not be limited to) job reinstatement, front pay (when reinstatement is not possible), and back pay.

Retaining a lawyer who is experienced with successfully resolving FMLA claims will be essential to the strength and success of your claim.

Let Barrett & Farahany Help

Has your employer violated your FMLA rights? If so, you can turn to our FMLA attorneys in Atlanta for aggressive legal advocacy and experienced help pursuing justice.

We are proud to provide clients with a wide variety of benefits, including:

  • Consistent, personalized, and responsive legal services
  • Skilled defense of clients' rights in any legal setting
  • A proven track record of success when it comes to helping people favorably resolve their FMLA claims
  • Persistent dedication to obtaining justice and compensation

Our team is innovative, tenacious, and motivated, and they are ready to put their experience, skills, and insight to work helping you.


When you reach out to us, you will receive a complimentary consultation with one of our skilled Atlanta employment attorneys. During our initial consultation with you, we can help you to better understand your rights and will work with you to determine what course of action is in your best interest. We take great pride in providing assistance based on years of experience negotiating and litigating employment matters to protect employee interests. If you find yourself in need of dedicated legal representation, we are prepared to advocate on your behalf – our goal is always to protect employee victims of harassment, discrimination, and retaliation.