10.4 Elements of FMLA Retaliation Claim

• Category: Federal - Jury Instructions - 7th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-7THCIR-10-4
• Format: Word

Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 10.4 Elements of FMLA Retaliation Claim is a legal claim filed against an employer for retaliating against an employee for exercising his or her rights under the Family and Medical Leave Act (FMLA). In order to be successful in a 10.4 Elements of FMLA Retaliation Claim, an employee must prove four elements: (1) the employee was an eligible employee under the FMLA; (2) the employee exercised his or her rights under the FMLA; (3) the employee suffered an adverse employment action; and (4) there was a causal link between the employee’s exercise of FMLA rights and the adverse employment action. The types of 10.4 Elements of FMLA Retaliation Claims include: • Adverse Employment Action: An employer cannot take any action that adversely affects an employee's job, such as demotion, suspension, termination, or denial of a promotion, because the employee exercised his or her rights under the FMLA. • Causal Connection: The employee must show that there is a causal connection between the employer's action and the employee's exercise of his or her rights under the FMLA. This can be proven by showing that the employer took the adverse action shortly after the employee exercised his or her FMLA rights. • Eligible Employee: To be eligible for protection under the FMLA, the employee must have worked for the employer for at least 12 months and have worked at least 1,250 hours in the previous 12 months. • Exercise of FMLA Rights: The employee must show that he or she exercised his or her rights under the FMLA. This can be done by showing that the employee requested FMLA leave, used FMLA leave, or informed the employer of his or her need for FMLA leave.

10.4 Elements of FMLA Retaliation Claim is a legal claim filed against an employer for retaliating against an employee for exercising his or her rights under the Family and Medical Leave Act (FMLA). In order to be successful in a 10.4 Elements of FMLA Retaliation Claim, an employee must prove four elements: (1) the employee was an eligible employee under the FMLA; (2) the employee exercised his or her rights under the FMLA; (3) the employee suffered an adverse employment action; and (4) there was a causal link between the employee’s exercise of FMLA rights and the adverse employment action. The types of 10.4 Elements of FMLA Retaliation Claims include: • Adverse Employment Action: An employer cannot take any action that adversely affects an employee's job, such as demotion, suspension, termination, or denial of a promotion, because the employee exercised his or her rights under the FMLA. • Causal Connection: The employee must show that there is a causal connection between the employer's action and the employee's exercise of his or her rights under the FMLA. This can be proven by showing that the employer took the adverse action shortly after the employee exercised his or her FMLA rights. • Eligible Employee: To be eligible for protection under the FMLA, the employee must have worked for the employer for at least 12 months and have worked at least 1,250 hours in the previous 12 months. • Exercise of FMLA Rights: The employee must show that he or she exercised his or her rights under the FMLA. This can be done by showing that the employee requested FMLA leave, used FMLA leave, or informed the employer of his or her need for FMLA leave.