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Disability and Maternity Leave

Were you denied maternity or disability leave that you were entitled to? Or were you treated unfairly by your employer due to taking leave?

Dan A. Atkerson offers the legal help you need to collect restitution and hold your employer responsible for violations of your rights.

Our Allen, TX, law firm offers free case reviews to Texas workers in need of an advocate...

We are Here to Protect Your Rights Schedule a Free Consultation

If you have been denied your right to entitlements such as medical or family leave, you may have grounds for compensation. Attorney Dan A. Atkerson can meet with you during a free consultation to review your case and discuss your legal options. Mr. Atkerson has over 35 years of legal experience fighting for victims of harassment, wrongful termination, and employment discrimination, and can provide the support you need in this challenging time. We are dedicated advocates for workers' rights and strive to achieve the justice you deserve. Contact our Allen, TX, practice today to schedule your risk-free consultation.


You can reach our law firm serving the greater Plano, Frisco, and Dallas areas online, or by calling:
 

(214) 383-3606

Dan Atkerson
If you were wrongfully denied medical leave due to disability or other protected conditions, Dan Atkerson can help you.

"Appreciate You, Dan!"

1

praveen reddy

2020

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Outstanding Attorney / Person Dan is very efficient, accessible in real time and works very hard to get the desired results which he did in my case. He is very empathetic and looks from client’s perspective at all times. I felt more than an attorney, he connects to you as an individual who is trying to get the justice for you. I strongly recommend Dan to anyone who is looking to get their legal needs met.

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1

Matt Diggs

2021

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I had an issue where I found out some troubling information Friday evening. By Monday morning, not only was I feeling much better about the situation, but a plan was in motion. Dan was very responsive to my situation and walked me through the process each and every step of the way. I would absolutely recommend Dan. He gets results, he's very strategic and understands the law. He's empathetic and professional all at the same time. Appreciate you, Dan!

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A Closer Look at Your Legal Protections

Let's take a closer look at how disability and maternity leave are protected under federal law:

Parents and newborn baby

Family And Medical Leave Act (FMLA)

Employers rarely grant extensive amounts of paid family medical leave or paid disability leave. However, many employees are legally entitled to a certain amount of unpaid time off under the Family and Medical Leave Act (FMLA). The FMLA gives eligible employees the right to take up to 12 weeks of unpaid leave in a year for certain health and caregiving needs. Pregnancy and parental leave for children (biological, adopted, or fostered), for example, qualify for FMLA benefits. 

Stressed pregnant woman at work

Title VII of the Civil Rights Act

Title VII of the Civil Rights Act prohibits gender discrimination in employment. Title VII also includes the Pregnancy Discrimination Act which prohibits discrimination against pregnant employees. While Title VII does not guarantee your right to maternity leave, it does require employers to treat pregnancy and maternity leave the same as any other medical condition. If, for example, an employer grants an individual two weeks paid leave for a broken bone, then any other employee is entitled to those same benefits for pregnancy and maternity leave.

If your rights under FMLA or the Civil Rights Act have been violated, please contact our Allen law firm today to schedule a free case evaluation. We help workers throughout Dallas, Plano, Frisco, and throughout North Texas achieve the justice they deserve.

Am I Eligible For FMLA?

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It is important to understand that not all employees are eligible for FMLA benefits. To qualify for job-protected time away from work without pay, you must meet the following conditions:

  • You have worked for your employer for at least 12 months.
  • You have worked at least 1,250 hours over the past 12 months.
  • You work at a location where your company employs 50 or more people within 75 miles.

The Timeline of Your Discrimination Claim

Pursuing a workplace discrimination claim against your employer can be complicated, but we are here to help. Our office in Allen, TX, can assist through the entire process to make sure all steps are followed properly, and in a timely fashion. 
If you were wrongfully denied medical leave for disability, maternity, or any other protected reason, our firm will help you take the right steps to protect your rights.
If you were wrongfully denied medical leave for disability, maternity, or any other protected reason, our firm will help you take the right steps to protect your rights.

Filing a Charge with the EEOC

Before you can proceed with a lawsuit, you must file with the Equal Employment Opportunity Commission. Deadlines can vary depending on the circumstances of your case, but you will generally need to file within 180 days. If you suffer new instances of discrimination after you file (like retaliation from your employer or discrimination due to a disability), you will have an opportunity to add these violations to your case.

Notice of Right To Sue

When the EEOC finishes its investigation, they will issue a Notice of Right to Sue, permitting you to file a lawsuit. You have 90 days from receiving the notice to file the charges. The EEOC can decide to pursue your case in court, but this only happens with a very small percentage of cases, so it's important that you retain your own attorney.

Negotiation

After your lawsuit is filed, we will enter negotiations with your employer or their legal representatives. While we are able to resolve many cases through negotiation, we will never settle for less than what you deserve for your case. 

Trial

If attempts to settle are unsuccessful, the next step is taking your case to trial. Mr. Atkerson will not hesitate to argue your case in front of a jury if that's what it takes to secure the compensation you deserve. 

"Excellent Attorney."

1

Marlena Lindsey

2021

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I highly recommend Dan Atkerson as an excellent attorney. He is persistent, hardworking, and never gives up without results. He was a blessing to me in my time of need and I had great results with his services. He will keep you informed every step of the way.

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1

Melissa Yaxley

2021

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Dan was very kind, informative and responded immediately to address any and all questions that I had. His process was very quick and detailed as well. I would recommend him to anyone. Thank you Dan… I can’t tell you how much I appreciate you!

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Dan Atkerson

Law Offices of Dan A. Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for over nearly four decades. He is affiliated with several prestigious legal organizations, including: 

  • United States Court of Appeals Fifth Circuit
  • State Bar of Texas
  • Texas Supreme Court and all Texas trial and appellate courts 
  • Texas federal courts for the Northern and Eastern Districts of Texas
  • United States Court of Appeals for the Fifth Circuit
  • State Bar of Texas
  • Dallas Bar Association 

Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements. To schedule your free consultation at our law firm, request an appointment online or call us at (214) 383-3606.

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Allen Office

1025 Arches Park Dr
Allen, TX 75013

Open Today 9:00am - 6:00pm

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