New York FMLA Retaliation Attorneys

You Took Leave to Do the Right Thing but Now Work Feels Different

You did what you were supposed to. You took leave to care for a child, a parent, or your own health. You followed the process. You gave notice. You came back, and now something’s changed. The tone. The attitude. The way your work is assigned. It all feels off.

This is a reality far too many workers in New York face. What started as a lawful, protected leave turns into an uphill battle when you return. Maybe your hours got cut. Maybe your manager stopped talking to you. Or maybe the team you led now reports to someone else.

If you're being sidelined, scrutinized, or pressured out, you're not imagining things. This kind of treatment may qualify as FMLA retaliation, and it's illegal. When you hire Horn Wright, LLP, you get advocates who understand how retaliation works and how to fight it. Our firm has a track record of standing up to employer liability in FMLA retaliation cases.

What FMLA Retaliation Looks Like in Real New York Workplaces

FMLA retaliation doesn’t always arrive with a pink slip. It’s often quieter than that, at least at first. Maybe leadership stops making eye contact. Maybe the energy in meetings shifts. Or you’re no longer asked to contribute where you once led.

It may start with sudden coldness from supervisors or a workload that becomes overwhelming or is abruptly reduced to the point of making you feel unnecessary. You might notice a promotion you were promised has been quietly taken off the table. These aren’t just frustrating developments. When they come after legally protected leave, they may be common examples of FMLA retaliation.

If these behaviors continue, they could even rise to the level of wrongful termination after FMLA leave.

Who's Protected: FMLA, NY Paid Leave, and Your Eligibility

To qualify for FMLA protections, you must:

• Have worked for your employer for at least 12 months
• Have logged at least 1,250 hours in the last year
• Work for a company with 50 or more employees within 75 miles

Covered reasons for taking leave include:

• The birth or adoption of a child
• A serious health condition (your own or a close family member’s)
• Military family leave

In New York, Paid Family Leave laws extend these protections. You may be eligible even if your employer is smaller. And if you live in NYC, the Safe and Sick Leave Law adds more coverage.

Both state and federal law reinforce your FMLA rights and protection against employer retaliation. Workers should also be aware of their broader legal protections against FMLA retaliation, which prohibit punishment for taking or requesting leave.

Your Rights Under the Law and What Employers Can't Do

FMLA gives you the right to return to your same or equivalent position. That means:

• Same pay
• Same benefits
• Similar responsibilities

Your employer cannot:

• Demote you for taking leave
• Cut your pay or hours
• Strip you of responsibilities

New York law also prohibits retaliation in any form, including subtler tactics like reassignment to undesirable duties, denial of advancement, or exclusion from critical meetings.

When these violations occur, employees often rely on evidence needed in FMLA retaliation cases to prove their claims. Employers also have clear obligations after FMLA leave, and failing to honor them can lead to liability.

Signs You’re Being Retaliated Against After Leave

Red flags can be easy to overlook at first. You might find yourself excluded from meetings you used to attend, or notice that your schedule has changed in ways that make your life harder. A manager who once trusted you might start micromanaging or second-guessing everything you do. Performance reviews may turn negative with no real explanation.

Some of the most common signs include:

• Fewer hours or a shift to undesirable schedules
• Comments like “We need someone more reliable”
• Sudden changes in communication or tone
• Being left out of team communications or important decisions
• Receiving vague feedback or unrealistic expectations

Even if these actions seem small on their own, they create a pattern — and that pattern could be retaliation. Workers should be alert to the signs of retaliation after taking FMLA leave and know that subtle actions like demotions or schedule changes may qualify as retaliation and job demotions after FMLA.

When Bad Reviews and Write-Ups Start Piling Up

One common tactic employers use is to create a paper trail unfairly. You might come back to find your performance “suddenly” slipping, even though nothing about your work has changed. Reviews may become vague, goals might move without explanation, or you could be placed on a performance improvement plan that feels rigged.

We’ve seen retaliation look like:

• Sudden write-ups for minor issues
• Vague criticism that contradicts prior feedback
• Unreasonable goals that no one else is held to

HR may phrase these steps as “developmental,” but when they follow right after leave, they often serve another purpose: justifying a future firing. These tactics are typical of retaliation and performance reviews post-FMLA.

In more severe cases, they may even be used to pave the way for FMLA retaliation wrongful termination.

From Quiet Retaliation to Constructive Discharge

Sometimes, the retaliation isn’t about pushing you out directly. It’s about making the job so hard, isolating, or uncomfortable that you feel you have no choice but to leave. That’s known as FMLA retaliation and constructive discharge.

If you're facing things like:

• Being reassigned to hours that conflict with caregiving or health needs
• Getting tasks with no instructions, context, or authority
• Surveillance or micromanagement no one else experiences

It might feel like you’re just being tested. But over time, that pressure becomes toxic. If the conditions become unbearable and you resign, that doesn’t mean you gave up your rights. It could mean your employer created a situation where quitting was the only reasonable option, something the law recognizes as a form of hostile work environment retaliation after FMLA.

Targeted for Speaking Up or Requesting Accommodations

Many workers face retaliation not just for taking leave, but for asking questions about it or pushing back on unfair treatment. Maybe you requested a flexible return-to-work schedule or raised concerns about being treated differently. Suddenly, you're being told the timing is bad, or that accommodations “aren’t possible.”

These are signs retaliation may be in motion:

• Denied flexible schedules without legitimate explanation
• Being discouraged from requesting leave again
• Hostile or dismissive responses to basic accommodation requests

In some cases, retaliation also follows whistleblowing, such as reporting unsafe conditions or discrimination tied to your leave. Whether you're requesting intermittent leave or asking for light duty post-surgery, your voice is protected. Workers in these situations may face retaliation for intermittent FMLA leave or even employer retaliation for reporting FMLA violations.

What You Can Recover If You’ve Faced FMLA Retaliation

If you've been retaliated against for using your leave, the law allows for real recovery. That may include your back pay, wages, or bonuses you lost because of retaliation. It can also include front pay, especially if your job was lost or derailed and you haven’t been reinstated.

Workers in New York may be entitled to:

• Back pay and front pay
• Emotional distress compensation
• Liquidated damages (double back pay in some cases)
• Punitive damages for reckless or malicious conduct
• Reinstatement or neutral references in a settlement

The goal is to restore what was taken and hold employers accountable for what they tried to get away with. Many workers pursue compensation for victims of FMLA retaliation to recover these damages.

In stronger cases, employees may also obtain settlements and damages under FMLA retaliation claims, which can include financial recovery and corrective workplace measures.

What Makes an FMLA Retaliation Case Strong

A strong case comes down to a few key building blocks. First is timing: a clear, close link between your leave and the negative changes at work. Next is documentation: emails, reviews, or assignments that show how things shifted.

Supporting evidence that helps includes:

• Coworkers who witnessed your treatment change
• Past reviews that contradict current criticism
• Proof that others weren’t treated the same way in similar situations

Even if you don’t have everything yet, these early signs help build a strong foundation. Many workers succeed by proving FMLA retaliation claims with careful records.

Attorneys can also use evidence needed in FMLA retaliation cases to show the patterns that reveal unlawful treatment.

Common Employer Defenses (And How We Push Back)

Employers rarely admit to retaliation. They often point to performance, say the leave had nothing to do with it, or claim your role changed due to a broader restructuring.

The most common defenses include:

• “It wasn’t about the leave”
• “Your performance changed”
• “This was part of restructuring”

We push back by comparing your previous evaluations to current ones, checking who else was affected by restructuring, and showing how your treatment shifted immediately after leave. The patterns usually speak for themselves.

Employers often raise defenses against FMLA retaliation claims, but these explanations frequently collapse under scrutiny.

When they fail to meet their legal obligations after FMLA leave, liability can be clear.

Industry-Specific Retaliation Patterns in NY

Retaliation looks different depending on the field:

• In healthcare, workers often return to more difficult shifts or find themselves pushed into less desirable units
• In retail or service, it’s common to see hours drop or experience increased micromanagement
• In corporate and professional settings, retaliation may take the form of frozen promotions, lost clients, or vague performance concerns

Regardless of the setting, New York’s laws apply. If you’re being punished for using protected leave, your rights are enforceable. Employees should be aware of retaliation claims in specific industries and how patterns of unfair treatment may vary.

In some workplaces, retaliation may also escalate into employer harassment post-FMLA leave, which is equally unlawful.

How to Document the FMLA Retaliation Right Now

Start tracking changes as soon as they begin. Save emails that show shifts in expectations or tone. Keep a record of your performance reviews, both before and after your leave. Screenshot messages that reflect exclusion or changing responsibilities.

Also make sure to:

• Keep a journal logging dates, comments, and behavior changes
• Collect Slack messages, HR reports, and meeting notes
• Save any job postings that look like your role

Store everything somewhere secure and outside of your work systems. These details can make a huge difference when it’s time to take action. Employees are encouraged to follow steps to document FMLA retaliation carefully to preserve their claims.

Documentation is one of the strongest tools for proving FMLA retaliation claims.

How to File a Claim and What the Timeline Looks Like

You have options. If you're filing under FMLA, you have 2 years from the date of the violation, or 3 years if it was willful.

Under the New York State Human Rights Law, you have 3 years to file a complaint or a lawsuit. You can also bring a case through the state’s labor department or go straight to court. Which path makes the most sense depends on the facts and what you want to achieve.

To get started, workers often turn to filing an FMLA retaliation claim with federal or state agencies. Knowing the statute of limitations for FMLA retaliation is critical, since missing a deadline can mean losing your rights.

Horn Wright, LLP, Helps New Yorkers Facing FMLA Retaliation

At Horn Wright, LLP, we represent New Yorkers who were punished after doing the right thing, taking care of their families, their health, or both. FMLA and paid leave laws exist for a reason. Our attorneys fight for workers who come back only to find doors closed, opportunities pulled, and careers derailed. We bring clarity, compassion, and strategic power to every case.

You took leave for the right reasons. Now, we’ll help make sure your employer doesn’t get away with the wrong response. We have experience handling everything from retaliation denial of promotion after FMLA to securing fair remedies for FMLA retaliation.

Contact our offices today to discuss your case.