How Much Money are FMLA Cases Worth?

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  • čas přidán 6. 08. 2024
  • This video analyzes leave of absence lawsuits and how much money they are worth. This video was made by Branigan Robertson, an employment lawyer in California.
    California Family Rights Act (CFRA) - • California Family Righ...
    Family Medical Leave Act (FMLA) - • Family Medical Leave A...
    How to Complain Properly at Work - • How to Complain at Wor...
    Branigan's website: brobertsonlaw.com
    Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers.
    #FMLA #LeaveofAbsence #Lawyer

Komentáře • 41

  • @l.s8904
    @l.s8904 Před 2 lety +2

    Great vid!!!

  • @RichardQuintilone
    @RichardQuintilone Před 4 lety +9

    Thank God I taught you everything you know. Great videos!

    • @skibbydweez2647
      @skibbydweez2647 Před 2 lety

      Where does it show it goes 7years in total wage calculations for back/front. Because i cant see it anywhere

  • @DailyViralVideoz
    @DailyViralVideoz Před 3 lety +5

    How do I know if I have a "good" attorney when it comes to facts unfolding? Serious question... I ask because I am in beginning phase of this exact disability discrimination case.

  • @randywiley2593
    @randywiley2593 Před 3 lety +2

    Good stuff thx

  • @miss.phyllisreneefoster9547

    thank you so very much thank you

  • @myleneballesteros8164
    @myleneballesteros8164 Před 3 lety +4

    Very well explained Sir! Thank you and God Bless🙏

    • @robertballesteros2275
      @robertballesteros2275 Před 9 měsíci

      Mayat mylene?

    • @robertballesteros2275
      @robertballesteros2275 Před 9 měsíci

      I went beyond the 12 week maximum days FMLA leave. When I came back to work I was given less desirable job at the garden as a watering man for more than 6 hours x 5 days per week under sweltering heat of Texas summer days more than 113deg F heat index! I think this was retaliation. Also after 4 days of my FMLA the company took away my health medical benefits. I have to postpone my urgent care needs for the next year 2023. Also my bills came to me from two urgent cares and my pcp asking me to pay them all my charges! This is more than 300 days now. I remembered wbile I was on FMLA I was denied of my EAP and my counselling was denied on purpose due to no insurance coverage. Do I have a case? Does EAP 3rd party providers constitute as my "employers"? Can I complain about them as FMLA RETALIATION OR INTERFERENCE ? P.S. After my 12 week was consumed the HR approved my on my medical leave till January 2, 2023. FMLA was approved and began last Sept 23, 2022.

    • @robertballesteros2275
      @robertballesteros2275 Před 9 měsíci

      Where can I file FMLA lawsuit?

  • @musicunderground6324
    @musicunderground6324 Před rokem

    im glad a stumbled on to your video it was very informative i hope you can deliver the expert lawyer skills i need

  • @Flyrabbit1
    @Flyrabbit1 Před 28 dny

    So I’m a flight crew member. My company only grants FMLA based on Flight Hours as opposed to Duty hours …. As far as I can tell by reading the law ( I’m in California) I think my company is in the wrong ..

  • @davidnims6957
    @davidnims6957 Před 2 lety +1

    What about EEO and or EEOC “APPLICATION DISCRIMINATION and then TAkE clause,” without “just compensation?” Above your experience?

  • @claudioespinoza3736
    @claudioespinoza3736 Před 2 měsíci

    Know anyone in Colorado? The U.S. Dept of Labor and the EEOC, have concluded wrongful termination and retaliation under the FMLA and ADA law for a multi-billion dollar for profit college.

  • @tonyslaughter8954
    @tonyslaughter8954 Před 16 dny

    What about compensatory damages?

  • @rudytorres26
    @rudytorres26 Před 3 lety

    I was told by hartford agent I filed wrong paper work and so I got denied the renewal now I’m waiting to accumulate 1250 hours so I can try to get intermittent fmla again

  • @myb7922
    @myb7922 Před rokem +1

    Im still employed with the company but they arent giving me 12 weeks they are shorting me 20 days. Im calling department of labor and wage department

  • @jimsorano3261
    @jimsorano3261 Před rokem

    Hi
    I have a question regarding leave of Absence

  • @ccholo13
    @ccholo13 Před rokem

    I have a question what about if you are being harassed at work and every time I use fmla the company retaliated the next day I return to work,?

  • @josephinetroy723
    @josephinetroy723 Před rokem

    Are you representing Texas I am on FMLA working on DoD taking care my husband on hospice very ill they want to terminated my FMLA after I finished my 12 weeks off without pay

  • @sw3890
    @sw3890 Před 7 měsíci

    I documented and recorded for last 7 mos. Went in with my finger on record daily. EEOC was amazed at my complaint, but review not until March 2024. I submitted my complaint to hr for Racial Discrimination, Harrassment, Retaliation, several fmla violations including using sick and vac time instead (since I accumulated alot and needed to get rid of). Got Written up day after I submitted claim to hr, then "laid off" next day. Clean file for my whole 16.5 yrs there. I recorded my bosses yelln and threatening me "u take another sick day and u will be fired". On intermittent leave for my dad with terminal cancer. I recorded her stating that we all have issues, but u are to be at work! I have 50+docs of emails from hr, mgrs, and witnesses. I made sure I expressed how I felt threatened and harrassed everyday to mgmnt and hr. This will be a record breakn case n my state. Found out alot of people were laid off and some were on fmla and written up also. They even changed handbook for severance pay to equal 6 wks, not 2 wks/yr of employ.😢😊

  • @HOWYOUDOIN884
    @HOWYOUDOIN884 Před rokem

    What if someone has really low self-esteem, and were taken advantage of, so they aren't their own best advocate?

  • @danielmcclintock9623
    @danielmcclintock9623 Před 2 lety

    Hi Branigan, do you have insight into why judges/juries “hate” constructive discharge cases? I just hadn’t heard that before so was curious to know.

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  Před 2 lety +3

      Judges & juries are not as sympathetic to someone who quits their job. Simple as that. I've seen judges toss constructive term cases that were 100% valid. I think it comes down to the fact that everyone has had bad jobs and bad bosses, and a lot of people are just not patient or empathetic enough to listen to constructive term claims.

  • @Spectre2434
    @Spectre2434 Před 8 měsíci

    ❤❤❤

  • @laurarivera2714
    @laurarivera2714 Před 9 měsíci

    About 90% of your video is what happened to me and I need someone in Texas to help me……. I know I have a case and this loss happened almost 2 years ago…… and still, I cry as I watch because you’re saying I have a case, but Texas teachers have no rights thanks to the loophole of deadlines no one tells us about …… he non renewed me while on FMLA, and served me w the letter during class on the last possible day they could and this case is just so unbelievable and outrageous, no one takes my case and there is so much more to it, I need advice because I know I don’t want to keep feeling how I do and can u pls help me w a Texas lawyer who specializes in these cases for teachers 😢

  • @ARon82
    @ARon82 Před 2 lety +1

    Not too many Branigans out there.

  • @RegisteredNurseL.A.
    @RegisteredNurseL.A. Před rokem

    I work for a major medical for profit company. I had worked for them before. I developed IBS with a tortuous colon so if I need to use the bathroom I just have to. Day one of training (hospital environment), I was told I could not leave the patient room at all for the duration of treatment, which is anywhere from 3.5-6 hours. This was not stated in the job description. I was forced to go on LOA. Sedgwick denied my claim. I was sent a Dear John letter and I said, in writing, “I’m very willing to come back to work. What accommodations have you put in place for me?” Crickets…. I appealed through a third party and won. I had originally submitted physician paperwork stating accommodations will be indefinite and that I should be allowed to use the bathroom if I need to. Now they want recertification paperwork. I’ve reached out to a pro bono lawyer who is going to call me on the date we set. I live in WA and they have a short term disability program we pay into each paycheck so there’s that. I’m struggling right now. My regional boss said to only communicate via work email. I was told I cannot work at all. Period. That includes emails, learning modules, etc. I said I don’t check my work email because that is essentially working. Employers need to treat their “team” as they like to call us BETTER. I work to help sick people but when I need it, forget about it. Be at work no matter what or get fired for calling off sick.

  • @johnholman09
    @johnholman09 Před 3 lety

    Your cool brother!!!!

  • @thelmaprioux8241
    @thelmaprioux8241 Před 2 lety

    Are you familiar with the Laws in Louisiana??

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  Před 2 lety

      Nope. I'm in CA.

    • @thelmaprioux8241
      @thelmaprioux8241 Před 2 lety

      @@braniganrobertsonlaw Any Advice?

    • @soniamartinez9266
      @soniamartinez9266 Před rokem

      Hello Sr. Robertson
      I been out of work for 6 weeks I been applying for fmla been denied due to varies scenarios 1 my two doctors filled out the medical forms incorrect, 2 HR had me working with 3 different hr representatives and that time was lost it delay my case and denied as well !! any advice on how can I recovered retroactive FMLA ????

  • @chaslaspata5385
    @chaslaspata5385 Před 2 lety +1

    I lost my leg in a motorcycle accident 11 years ago. 7 years ago I went back to work for the same contractor who I worked for prior to my accident. Things went good for the first couple years and then, about 4 years ago, the office manager started to overload me with jobs. All of the jobs that had bad estimates (have other prices from other contractors who ALL were $350,000 higher than our price). At one point, I had 14 jobs going at one time, the office manager was in control of all of the labor and he would take my guys, not give me any guys to get work done; change my foreman multiple times for some projects! I went to the office manager and told him that I had too much on my plate and I needed help. His response was get used to it, that’s just how it is here, except he only had 4-5 jobs that were on cruise control and easy work while mine was complicated work in an active hospital!
    Anyway I was tortured there and when I requested to speak to the owner, he kept blowing me off and saying he was away and he never has time to talk to me about these issues. Other men in the field felt bad for me that this office manager was doing this to me and all told me that he wanted me to quit. Hell he made the one foreman I had at the hospital, had 6 of my 14 jobs and the stress made him go back to using heroin after being clean for almost 10 years and lose his wife. He will say to this day, the job made him go back to using because of the stress, and he only had 6 of my jobs! And that stress was caused by but being able to get labor when I needed it, by having the office manager give us the bottom of the barrel when he did give us labor.
    I had a problem with my Prosthetic because if an open wound on my residual limb, I couldn’t wear it for long periods of time (shouldn’t be wearing it at all because of risk of infection but I hate using crutches). So I told the office manager to stop paying me, I have to go out on disability because I can’t wear my leg and it fills up with fluid, it’s effecting my sleep and I need to take off, WITHOUT PAY.
    I am off of work, but still answering cell phone calls, responding to emails (when I could (hell I wasn’t getting paid and I hadn’t had a raise in over 5 years…. Only one in the company who didn’t!! ). A week after I told the manager and owner to stop paying me they call me in for a meeting a “let me go” because the last two months I was tasked with cleaning up all of the jobs they had dumped on me and I knew I was getting met go after being the scape goat for all the losing jobs, getting taken advantage of dying WAY more than I was getting paid to do, and when I would request to talk to the owner for a raise or to tell him what had been happening, he never had time for me. But he had time to call a meeting and let me go so I have nothing when I can’t even go get another job until my leg is fixed. And because I was terminated, my health insurance is up at the end of the month and the Drs have bounced me around to so many tests and other Drs and I still have an open wound that will need to be closed up and I wouldn’t be able to wear my leg at all with the stitches! Under FMLA I am entitled to have 12 weeks off unpaid but they pay my insurance for a minimum of 3 months.
    This has really hurt me and my family. I had a company truck and i have no other transportation. Trying to go from dr to dr and fight with my insurance to approve things quickly and pray these Drs for tell me the next appointment they have is in July!! I know I have a very strong case. I have voice recordings of many of the conversations of me asking for me
    Asking for more labor and the office manager laughing and fucking with me. I have witnessed who would testify that I was being overloaded so I would quit because he didn’t like I knew his secrets!
    Either way. The FMLA violation is blatantly obvious and undeniable. I have text messages.

  • @michaelciccone2194
    @michaelciccone2194 Před rokem

    Branigan would have field day in NEW JERSEY....Labor Union COMMUNICATION WORKERS OF AMERICA gets tons of griviencies each year.

  • @randallowens271
    @randallowens271 Před 2 lety +5

    What if you blew the whistle internally , and your employer was cheating tax payers out of 100s of millions of dollars by knowingly selling non confirming parts to the navy. However you have a intellectual disabilities and and your employer took advantage of that. Last month you went through your workers compensation file and you see that your employer falsified all your medical records with a 71 year old VA who has the same name as you, but he’s clearly not you. And your employer refused to allow you to return to work. I’m that whistleblower General Atomics has been cheating the tax payers out of 100 of millions and they’ve falsified all my medical records with a Charles Russell Owens a 71 year old VA I’m 29 years old. However I’m in the state of Mississippi I can’t get help

    • @NS-ru5gl
      @NS-ru5gl Před rokem +1

      Contact a disability organization. Contact the job accommodation network. Ask for help. Have you tried a volunteer attorney?

    • @quettarichard6693
      @quettarichard6693 Před 3 měsíci

      😮😮😮😮😮 same here

  • @hilbillie
    @hilbillie Před 9 měsíci

    Don't forget you pay taxes on all that money... so you'll get half.