Family Medical Leave Act or FMLA Disputes

Family Medical Leave Act or FMLA Disputes

Family Medical Leave Act or FMLA Disputes

Experienced San Diego Employer Defense Lawyers

The Family and Medical Leave Act or FMLA was established to provide a balance between the business needs of an employer, and the family and medical needs of employees.  While FMLA was intended to allow eligible workers to request unpaid time off for specific situations, the act has unfortunately been abused by many California employees leading to disputes and in some cases lawsuits.  The Watkins Firm has served San Diego area employers for decades, and defends employers in FMLA related disputes and lawsuits.

When does a legitimate FMLA request cross the line?  How should San Diego area employers protect themselves against FMLA disputes?  The Watkins Firm helps our clients to develop solid employment contracts, and well-crafted Human Resources or HR policies and procedures.  We help our clients to implement contracts and employment documents that educate employees and avoid FMLA disputes before they arise.

What should you do if you are accused by an employee of violating the FMLA?  How should you manage an FMLA dispute or lawsuit?  If you are a San Diego area employer or business involved in an FMLA dispute we invite you to contact us or call 858-535-1511 for a complimentary and substantive consultation.  We will discuss our unique approach to FMLA disputes, and the Watkins Firm’s strategy to resolve the dispute or lawsuit in the shortest possible time frame and in cost-effective manner.

Abuse of FMLA – Defending San Diego Employers

Most FMLA requests are fairly straight forward.  When does an employee cross the line and abuse the provisions of FMLA?  What are some strategies that employees have attempted to use to manipulate FMLA and place an employer in a disadvantageous position?

  • An employee facing disciplinary action or termination submits an FMLA leave request
  • An employee claims a suspicious serious health issue
  • An employee uses FMLA as a caregiver for an immediate family member, but your evidence shows the illness is not related to an immediate family member, or there are questions relating to the seriousness of the associated illness
  • FMLA claims submitted immediately preceding a major holiday, or when other requested leave has been denied
  • An employee submits multiple intermittent claims, disrupting the ability to consistently meet the business need of the employer
  • An ineligible employee is denied FMLA leave, then claims retaliation
  • An employee takes FMLA leave to care for a relative, but posts vacation style photos on social media

Defending FMLA Claims and Lawsuits

Employer defense disputes and lawsuits are very fact driven, and the Watkins Firm has enjoyed a high level of success in these cases historically.  This is due to the extensive research, investigation and documentation we undertake to shed light on the genuine issues of the case.  Our experienced legal team advises our employer clients at every stage of the dispute, while locating the facts and evidence necessary to demonstrate fraud, deception or that an employee simply hasn’t complied with the provisions of FMLA.

Contact Experienced Family Medical Leave Act FMLA Defense Attorneys Serving San Diego and Southern California

If you are a San Diego area employer who is involved in an FMLA dispute or lawsuit, we invite you to contact us, or call 858-535-1511 for a free and confidential consultation.  We will discuss the unique facts of your case and work with you to develop a strategy to resolve the dispute in a cost-effective manner and in the shortest time frame possible.  Learn about our unique approach to disputes and litigation.  Ask about our experiences defending area employers, and learn how you can deploy our decades of experience and expertise to achieve the best possible outcome in your case.

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Contact a Business Law Or Real Estate Attorney Today

To set up a free, no-obligation consultation with one of our knowledgeable San Diego business lawyers, call us at 858-535-1511 or contact us online.


9915 Mira Mesa Blvd., Suite 130
San Diego, CA 92131

Telephone: (858) 535-1511
Fax: (858) 535-1581