Timing can make or break your rights under the Family and Medical Leave Act (“FMLA“). Imagine this: you’re juggling health issues, work stress, and the pressure to leave a toxic job, and then you file for FMLA—after you’ve resigned. Unfortunately, that’s not enough to save your claim. The case Jennifer McLaughlin v. Walmart, 2024 WL 4948841, offers a textbook example of how missteps in timing can doom your case and why having the best attorney possible matters.
What Happens If You File For FMLA Leave After Giving Two Weeks’ Notice?
Let’s get straight to it: Filing for leave under the Family and Medical Leave Act (“FMLA”) after you’ve resigned is like showing up late to the airport—your opportunity has already taken off. Jennifer McLaughlin, a Walmart assistant store manager, learned this the hard way.
In McLaughlin v. Walmart, McLaughlin resigned on October 8, 2019, citing health concerns. Eight days later, Walmart’s third-party leave administrator received her FMLA request, but by then, McLaughlin was already off the payroll. The leave request wasn’t processed, and her FMLA interference claim was dead in the water.
The United States Court of Appeals for the Third Circuit affirmed summary judgment, holding that an FMLA interference claim requires evidence that the employer denied or otherwise prevented the use of an FMLA benefit. McLaughlin’s claim failed because Walmart never had the chance to approve or deny her leave request—it arrived too late. The Third Circuit Court of Appeals held that “an employee’s subjective belief” about being denied benefits isn’t enough without evidence of an actual denial. Id. (quoting Ramara, Inc. v. Westfield Ins. Co., 814 F.3d 660, 666).
In plain terms: if you quit before your FMLA request is received, you’re handing your employer a pretty ironclad defense.
Best FMLA Interference Lawyer Blogs on Point:
- Wrongfully Fired For FMLA Use Or ADA Violation? You Have Rights
- Employers Cannot Fire Employees For Failing Timely Call Off If Due To Disability Or FMLA
- When Do I Have To Notify My Job Of My FMLA Request?
Do Supervisors’ Comments Discouraging FMLA Use Count As Interference?
What if a supervisor discourages you from filing for FMLA leave? McLaughlin argued that her manager’s comments about her leave being denied deterred her from filing earlier. The Court, however, wasn’t buying it.
Here’s why: Walmart required employees to submit FMLA requests through a third-party administrator, not supervisors. McLaughlin knew this—she’d gone through the process multiple times before. The Third Circuit Court of Appeals held that discouraging remarks from her supervisor didn’t rise to interference because the final decision wasn’t up to the manager. In fact, McLaughlin submitted her leave request anyway, proving that the comments didn’t stop her.
If you ever hear discouraging remarks about filing for leave, document everything, but don’t let it stop you from following proper procedures. Timing is your ally—if you wait, your claim might not stand a chance.
Best FMLA Leave Attorney Blogs on Point:
- Can Employers Require Medical Documentation for Each FMLA Absence?
- Yes, You Can Be Fired For Fraudulently Taking FMLA Leave
- What Notice Does My Employer Have To Give Me Regarding My FMLA Rights?
Why Does A Good Attorney Matter For FMLA Claims?
Let’s be real, not every lawyer understands employment law at a deep level, and not every case is a winner. McLaughlin’s case is a prime example of what happens when claims are not evaluated thoroughly. Her attorney pursued an interference claim that lacked a critical element: a denial or other blocking of FMLA benefit use.
The Third Circuit Court of Appeals made it clear that timing mattered above all else. McLaughlin’s resignation text was a glaring red flag that should have told her attorney to rethink the claim. Instead, her attorney proceeded, wasting time and resources on a weak case. Worse yet, he gave the employee false hope.
A skilled employment lawyer would have seen the flaws and pivoted to stronger legal strategies, such as examining whether Walmart retaliated against McLaughlin for past FMLA usage. Pursuing viable claims requires attention to detail and a deep understanding of employment law.
Of course, it is possible that the attorney provided the best employment law advice, and the employee refused to accept it or refused to take a settlement offer. Maybe the employee hid her resignation or quit date from her attorney. That’s something that we will never know from the outside looking in.
Best Employee’s Rights Law Firm Blogs on Point:
- Make Sure To Hire Employment Lawyers That Have Tried Cases To Juries
- There Are Bad Employment Attorneys Out There – Don’t Hire Them
- It’s Critical To Hire Good Attorneys And Tell Them Everything
How Can You Protect Your Rights Under FMLA?
If you suspect your employer has violated your FMLA rights, take these steps:
- Submit your leave request in writing and ensure it is received while you are still employed.
- Keep copies of all correspondence with your employer or third-party leave administrator.
- Document any comments or actions by supervisors that discourage you from requesting leave.
- Contact an experienced employment lawyer to evaluate your case before filing a claim.
How Do You Find The Best Lawyer For FMLA Violations?
If you’re searching for the top attorney to handle FMLA violations or other workplace issues, look no further than Spitz, The Employee’s Law Firm. Representing employees is all our lawyers do, and we’ve got the resources, experience, and dedication to take on even the toughest cases. Here’s why you should call us:
- Free initial consultations: We evaluate your case without financial risk to you.
- No fee guarantee: You pay nothing unless we win.
- Proven results: Our lawyers have successfully handled countless employment law cases, including wrongful termination and FMLA violations.
- Empathy and expertise: We get it—being wrongfully fired or mistreated at work is stressful, and we’re here to fight for you.
Do not wait until it is too late. Timing matters, and so does your choice of lawyer. Call Spitz, The Employee’s Law Firm today for a free consultation, and let us help you protect your rights.
Employment Lawyer Disclaimer
This blog provides general information and is not legal advice. Always consult a qualified employment lawyer for advice specific to your situation. No promises or guarantees of results are being made. This blog is a legal advertisement for Spitz, The Employee’s Law Firm and discusses topics including FMLA, wrongful termination, and employment discrimination.