Your business doesn’t have to face a lawsuit to lose an FMLA (Family Medical Leave Act) case in San Diego resulting in substantial expense. The US Department of Labor (DOL) has increased the number of cases it is pursuing to assist employees who may not have even filed a lawsuit. Even more concerning is the DOL’s increasing efforts to become involved in cases before an employee even files a complaint. How can a San Diego employer protect against FMLA claims and lawsuits?
The San Diego employer defense attorneys at the Watkins Firm work with our clients to take proactive measures to implement and consistently apply policies, procedures and employment actions that prevent FMLA claims and lawsuits. It is in your best interest as an employer to scrutinize existing policies and take action to improve internal oversight and management of FMLA related management and associated documentation. Unfortunately, a number of employees attempt to abuse the protections of FMLA to take unnecessary leave or to extend paid absence from work. Intermittent leaves can be the most challenging for San Diego employers to manage and endure.
Don’t lose an FMLA case in San Diego. Employers need to manage the needs of their day-to-day business operations, and the impact of FMLA leaves is one of the areas of greatest concern for local employers. How do you balance the needs of your company against an overly aggressive federal agency? In 2015, the Equal Employment Opportunity Commission (EEOC) initiated 42% of the wage and hour investigations in conducted. In 79% of these cases, the EEOC awarded an average of $8,900 to employees who had never initiated a complaint. These agencies have the power to order you to re-hire employees who have been terminated for FMLA violations and order restitution for back wages as well as other penalties.
San Diego employers do not want to become involved in, let alone lose an FMLA case in San Diego. If you face FMLA challenges as a San Diego employer we invite you to contact us for a free consultation at 858-535-1511.