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FMLA Leave and Disability Retaliation in the Banking Industry 

8/8/2015

 
retaliation-fmla-banking
The banking industry is known for some of the highest pressure to perform and sell products and services. This pressure is also a common reason that mid level managers or even top level managers retaliate against employees who take time off for medical leave or disability leave. 

Consider a loan officer, who must close a certain amount of loans every quarter. When he is going on FMLA or some other type of protected medical leave or disability leave after being diagnosed with some type of chronic condition, his absence will obviously affect his sales and the overall sales of his department. His manager will be worried about his own numbers and how his department will look to his superiors. This type of situation is fertile grounds for retaliation. Moreover, if the employer suspects, based on the diagnosis, that the employee will need leave again in the future or that his health issues will be ongoing and will require some type of disability accommodation, the incentive to get rid of that employee will be even greater.   

In this type of situation, the employer-bank will try to come up with all kinds of bogus reasons for terminating an employee -from making it look like a lay-off / restructuring to issues a PIP to that employee that will eventually culminate and firing for questionable performance issues.  


In this type of cases, one e-mail showing some type of animosity toward an employee's medical leave or his absence or one witness who overheard this type of conversation can make a difference between having a strong case or a weak case/ no case. Your attorney should talk to as many witnesses possible, and supboena e-mails from every decision maker during the relevant period of time that might shed light on whether your medical leave played part in being fired. 


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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
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    • Effective Mediator
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    • Severance Agreements
    • Workplace Investigation
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    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case