I Was Fired After Taking FMLA Leave in Maryland - Do I Have a Case?

If you were fired after taking leave under the Family and Medical Leave Act (FMLA), you are probably asking one question, “Was my termination legal?”

Many Maryland employees are terminated shortly after requesting medical leave, returning from leave, or submitting medical paperwork. Employers often claim it was a performance issue, restructuring decision, or “business necessity.” But when termination closely follows protected leave, that timing can raise serious legal concerns.

In many situations, firing someone for taking FMLA leave is unlawful retaliation. Experienced Maryland employment attorneys at Lebau & Neuworth can review your termination, investigate the timeline, and determine if you have a strong claim for retaliation or interference.  Schedule your free consultation now to protect your rights and explore your options.

How FMLA Leave Works in Maryland

FMLA is a federal law that allows eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period. It applies to serious health conditions, pregnancy and childbirth, caring for a spouse, child, or parent with a serious health condition, and certain military-related family needs.

If you qualify, your employer must maintain your group health insurance during your absence and restore you to the same or an equivalent position when you return. You should not lose your job simply because you needed medical or family leave.

Can an Employer Fire You After FMLA Leave?

An employer is not required to keep someone employed forever simply because they took FMLA leave. If a company can prove that they would have terminated the employee regardless of the leave, the termination may be lawful. The real issue is the motive behind your termination.

If the decision to terminate was influenced by your leave request, your medical condition, or the inconvenience your absence caused, it may violate federal law. Courts often look closely at timing. When an employee is fired during leave or shortly after returning, it can suggest retaliation.

You may have a strong case if you were terminated while on approved leave, let go immediately after returning, or suddenly disciplined for issues that were never raised before your leave. At Lebau & Neuworth, our FMLA lawyers know the warning signs that come with wrongful termination and can use this information to better protect your rights.

What Is FMLA Retaliation?

FMLA retaliation happens when an employer takes negative action against an employee because they requested or used protected leave.

Retaliation does not always look obvious. It can include termination, demotion, pay cuts, removal of responsibilities, or sudden negative evaluations after you return from leave.

What Is FMLA Interference?

Separate from retaliation, the law also prohibits interference. This happens when an employer prevents you from exercising your FMLA rights.

Examples may include denying qualifying leave, failing to inform you of your rights, refusing reinstatement, or placing obstacles in the way of approved leave.

In some cases, employees are told their position was eliminated during leave, only to learn later that someone else filled the role. Situations like this deserve careful legal review by the employment lawyers at Lebau & Neuworth.

Were You Eligible for FMLA?

Not every employee qualifies for FMLA automatically. In most cases, you are required to have worked for your employer for at least 12 months, logged at least 1,250 hours in the previous year, and worked at a location where the employer has 50 or more employees within a 75-mile radius.

Employers sometimes misapply these requirements. Even if your employer claims you were not eligible, a closer review of your work history and their policies may reveal you have stronger claims than they initially thought.

What Compensation Can Be Recovered?

If your FMLA rights were violated, you may be entitled to recover lost wages and benefits. In some cases, courts can award front pay or order reinstatement. The law also allows for liquidated damages in certain situations, which can increase the total recovery.

The value of a claim depends on your salary, benefits, how long you were out of work, and whether the employer acted in good faith.

Medical Leave Terminations May Involve Other Claims

Many FMLA cases overlap with other employment laws. A termination after medical leave may also involve disability discrimination, pregnancy discrimination, or failure to provide reasonable accommodation under Maryland law. When multiple laws apply, it can strengthen your legal position and expand the remedies available.

What Should You Do If You Were Fired After Taking Leave?

If this happens to you, there are several steps you can take right away.

  1. Save emails and text messages. 
  2. Keep copies of medical certifications and leave approvals. 
  3. Write down a timeline of events while details are fresh.
  4. Be cautious about signing a severance agreement before having it reviewed. 

Small details often matter in these cases. Many severance agreements require you to waive potential legal claims. The timing of conversations, written comments from supervisors, and changes in treatment after leave can all become important.

Talk to Lebau & Neuworth About Your FMLA Termination

If you were fired after taking FMLA leave in Maryland, you may have a retaliation or wrongful termination claim.

The employment attorneys at Lebau & Neuworth represent employees who lose their jobs after exercising protected rights. We evaluate the full timeline, the employer’s stated reasons, and the surrounding circumstances to determine whether the termination was lawful.

Contact the experienced team at Lebau & Neuworth to discuss your situation and find out whether you have a case.

Lebau & Neuworth Receives Pro Bono Award at the 2025 Bar Kickoff Party

We’re pleased to share that Lebau & Neuworth officially received the 2025 Pro Bono Law Firm of the Year Award during the Bar Kickoff Party and Annual Pro Bono Awards on October 21, 2025, hosted by PK Law and the Baltimore County Bar Association.

Being recognized in person among colleagues and community members was a meaningful reminder of why we care so deeply about pro bono service. For our team, offering our time and experience to Maryland residents—particularly those facing urgent workplace challenges—is more than a professional responsibility. It’s an opportunity to make the legal system more accessible, one conversation and one case at a time.

We look forward to continuing this work and partnering with organizations like the Women’s Law Center of Maryland to ensure that every worker has the support they need to protect their rights.

To read more about this year’s Pro Bono Awards and other highlights, check out the full November issue of the Baltimore County Bar Association’s The Advocate.

Human Trafficking and Owed Wage Case Moves Forward: Federal Judge Allows Claims to Proceed

At Lebau & Neuworth, we’re proud to stand up for workers whose rights have been violated — especially in cases involving exploitation, trafficking, and unpaid labor. 

Background: Years of Unpaid Work and Exploitation

Our client came to the United States from India in 2007 on a student visa. Like many immigrants pursuing the American dream, she hoped to build a better life through education and hard work. Unfortunately, what followed was years of exploitation and abuse at the hands of relatives who took advantage of her vulnerable situation.

Upon arrival, our client lived with relatives by marriage, who persuaded her to transfer schools and move closer to them. In return for “free housing,” she was forced to cook, clean, and care for their children — all without pay.

Later, our client was compelled to work long hours at a local restaurant franchise, often from 6 a.m. to 11 p.m., seven days a week. Despite the grueling schedule, she received no wages, and any earnings she did make were taken by the defendants. Her passport and other personal documents were confiscated. She was isolated, monitored, and threatened with deportation if she disobeyed.

After years of control and unpaid work — both in the restaurant and as a domestic worker — our client finally escaped in 2021 with help from supportive family members.

Legal Claims: Standing Up Against Forced Labor and Wage Theft

In September 2024, our client filed a lawsuit against the defendants, asserting claims under both federal and Maryland law. The Amended Complaint includes:

Our client alleges she was forced to work under threats, isolation, and document control — conditions that meet the definition of human trafficking under federal law.

Court’s Ruling: The Case Moves Forward

The defendants asked the court to dismiss several of the claims, arguing they were filed too late or were otherwise barred. The court disagreed.

Judge Rubin found that allegations of forced isolation, passport confiscation, and threats could justify equitable tolling — a legal principle that pauses the statute of limitations when a victim is prevented from filing due to extraordinary circumstances.

The court also ruled that our client had sufficiently alleged coverage under the FLSA, since the restaurant franchise likely met federal revenue thresholds and involved interstate commerce. The unjust enrichment claim — based on unpaid promised wages — also survived, as it involved different facts than the wage law claims.

In short, the court denied the defendants’ motion to dismiss, allowing the case to move forward to discovery and further proceedings.

Why This Case Matters

This case highlights the intersection between human trafficking and employment law — an area that’s often overlooked. Exploitation doesn’t always look like what we see in movies; it can happen in workplaces, homes, or small businesses when power and control replace fairness and freedom.

For immigrant workers especially, fear of deportation or loss of documentation can keep them silent for years. At Lebau & Neuworth, we’re committed to breaking that silence and fighting for justice — not only for our client, but for anyone who’s been exploited, underpaid, or silenced by those in power.

We Stand With Workers

At Lebau & Neuworth, we understand that your work is more than just a paycheck — it’s your livelihood and dignity. Our Baltimore-based employment attorneys have decades of experience fighting for workers in cases involving wage theft, discrimination, retaliation, and human trafficking.

If you or someone you know has been forced to work without fair pay, or if you suspect you’ve been the victim of labor trafficking or exploitation, we’re here to help.

Lebau & Neuworth Named 2025 Pro Bono Law Firm of the Year

We’re proud to share that Lebau & Neuworth has been recognized by the Baltimore County Bar Association and Pro Bono Committee as the 2025 Pro Bono Law Firm of the Year. This award honors our firm’s dedication to serving the citizens of Baltimore and our commitment to advancing access to justice for all.

This year, our team contributed nearly 70 hours of pro bono legal service to the Women’s Law Center of Maryland’s Employment Law Hotline—a vital resource for Maryland residents navigating workplace challenges such as wage theft, unlawful termination, and discrimination.

At a time when workers across Maryland face increasing uncertainty and systemic barriers, we believe that everyone deserves strong, informed advocacy—no matter their income or background. Attorneys Steve Lebau, Richard Neuworth, and Devan Wang led these efforts, offering legal guidance and support to individuals who might otherwise face these difficult issues alone.

Their work reflects what drives our firm every day: a deep commitment to fairness, integrity, and the belief that justice should be within reach for everyone.

Standing Up for Workers Across Maryland

At Lebau & Neuworth, we know that your career is more than a paycheck—it’s your livelihood, your passion, and your future. When those rights are threatened, you deserve a team that understands what’s at stake. Our attorneys have spent decades standing up for employees in Baltimore and across Maryland, taking on cases involving discrimination, harassment, wrongful termination, and wage disputes.

We bring deep experience and a personal approach to every case, carefully crafting strategies that fit each client’s circumstances. Whether it’s fighting for fair pay, challenging workplace injustice, or helping employees navigate complex legal systems, we remain committed to achieving meaningful results and restoring fairness where it’s been lost.

Continuing Our Commitment

Being recognized as the 2025 Pro Bono Law Firm of the Year is an honor—and a reminder of the work that still needs to be done. We are grateful to the Baltimore County Bar Association and the Women’s Law Center of Maryland for their partnership and for the opportunity to make a difference in our community.

If you’re facing challenges in your workplace or need guidance about your employee rights, Lebau & Neuworth is here to help. Contact us today to schedule a consultation and learn how we can stand with you in seeking justice and protecting your future.

Maryland Whistleblower Case: SOC Manager Allowed to Move Forward with Embassy Security Fraud Lawsuit

A recent federal court decision in Maryland underscores the importance of whistleblower protections and highlights the potential scale of fraud in government contracting. In Sovitsky v. SOC LLC, a federal judge ruled that whistleblower Paul Sovitsky, a former Training Manager for SOC LLC, can move forward with his False Claims Act lawsuit alleging systematic fraud tied to U.S. Embassy security contracts in Baghdad.

Background on SOC and the Embassy Contracts

SOC LLC is a private government contractor hired under the State Department’s Worldwide Protective Services (WPS I and II) contracts to provide security guards for U.S. diplomatic facilities in Iraq. These contracts required every guard to pass strict qualifications, including:

Only guards who passed all requirements could legally be billed to the government.

Allegations of Fraudulent Billing

Sovitsky’s complaint outlines a multi-year scheme to keep unqualified guards on the payroll and misrepresent compliance to the U.S. government. Key allegations include:

The contracts at issue were worth millions of dollars, and Sovitsky alleges that dozens—if not hundreds—of guards did not meet the required standards during his tenure.

Whistleblower Retaliation

According to the lawsuit, when Sovitsky refused to falsify records and reported the misconduct to the State Department, he faced retaliation, including threats and eventual termination. This forms the basis for his retaliation claim under the False Claims Act, which protects whistleblowers who expose fraud against the government.

Court’s Decision

In April 2025, Chief Judge George L. Russell III of the U.S. District Court for Maryland ruled that Sovitsky’s claims were sufficiently detailed and plausible to proceed. Specifically, the court found that allegations regarding fraudulent firearms qualifications and billing practices could constitute material false claims under federal law. While some parts of the case were dismissed, the central fraud and retaliation claims remain intact.

Potential Damages

Under the False Claims Act, if proven, the government may recover treble damages (three times the actual losses) and statutory penalties for each false claim. Given the scale of the embassy contracts, damages could easily reach into the millions.

Why This Case Matters

This case illustrates the power of whistleblowers in uncovering government contracting fraud and the legal protections available to them. Whistleblowers often risk their jobs and livelihoods to expose wrongdoing, but the False Claims Act provides both financial rewards and legal safeguards against retaliation.

Protecting Whistleblowers and Employees in Maryland

At Lebau & Neuworth, we are proud to represent employees—including whistleblowers—across Maryland and the DC metro area. We know that speaking up against powerful employers or government contractors takes courage. Whether you are facing wrongful termination, workplace retaliation, discrimination, harassment, or wage theft, our experienced Baltimore employment lawyers are here to fight for your rights.

Why Choose Us?

If you have been retaliated against for reporting fraud, discrimination, or other unlawful practices, don’t face it alone. Contact our team today to schedule a confidential consultation.

Your career and your future are too important to leave unprotected. Let us help you stand up for your rights.

Call us now or reach out through our website to speak with a trusted Maryland whistleblower attorney.

Equal Pay Laws in Maryland: What Employers and Employees Should Know

Pay equity is not just a fairness issue, it’s the law. Equal pay laws in Maryland are designed to ensure that employees receive equal compensation for substantially similar work, regardless of gender, sex, race, or other protected characteristics. If you're an employee concerned about wage discrimination or an employer working to ensure compliance, you owe it to yourself or your employees to understand the laws surrounding pay equity and strive for fairness for all.

At Lebau & Neuworth, we help Maryland workers and businesses navigate complex employment laws, including wage equity and pay discrimination matters. The first step to achieving equity is to understand exactly how the law protects equal pay and further pursues an equality for all in the workplace.

Overview of Equal Pay Laws in Maryland

Maryland has some of the strongest state-level wage equity laws in the country, building on federal protections established under the Equal Pay Act of 1963. By enshrining worker protections at the state level, the legislature is ensuring that you will always be protected with clear regulations regardless of the direction the federal government takes equal pay laws.

What Is the Maryland Equal Pay for Equal Work Law?

Enacted in 2016 and expanded in recent years, Maryland’s Equal Pay for Equal Work law prohibits employers from paying employees of one sex or race less than employees of another for comparable work, unless the pay difference is based on legitimate business-related factors.

This law goes beyond the federal Equal Pay Act by explicitly including gender identity and race, and it protects employees from retaliation for discussing or asking about wages.

Who Is Protected Under These Laws?

Maryland’s law protects employees of all genders, races, and gender identities. It applies to both full-time and part-time workers and prohibits employers from:

What Employers Are Covered?

The law applies to all public and private employers in Maryland, regardless of size. Even small businesses must comply with wage equity requirements and ensure that compensation differences are legally justified.

What Counts as a Violation of Equal Pay Laws?

The Equal Pay Act covers a variety of situations that could constitute a violation. Equal Pay for Equal Work is rather self explanatory but there are a number of common occurrences that still happen even after stronger wage discrimination laws were passed.

Common Examples of Pay Discrimination

Violations can include:

Permissible Differences in Pay

Maryland law allows some justifiable pay differences where they make sense, but only when based on:

Responsibilities for Employers Under Equal Pay Laws

Employers in Maryland have a legal responsibility to:

Companies that fail to comply may face civil penalties, legal claims, and reputational harm. Employers unsure of their policies should consider working with an employment lawyer to audit and correct any issues. Ignorance is not an excuse for breaking the law.

What Employees Can Do If They Suspect Wage Discrimination

If you believe you're being paid unfairly, take these steps:

  1. Document your concerns, including job duties, pay history, and any relevant comparisons
  2. Review your company’s compensation policy
  3. Speak to HR or management if you feel comfortable, but be aware HR is there to protect the company
  4. Consult an employment law attorney who can assess your situation and advise you on your rights

At Lebau & Neuworth, we regularly assist employees with wage discrimination, employment contract negotiations, and other related matters. 

If you’re unsure where to start, we provide a confidential consultation. Contact Lebau & Neuworth at (410) 296-3030 to speak with a member of our legal team.

How Maryland’s Laws Compare to Federal Equal Pay Laws

Maryland law complements and strengthens federal protections under the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964.

Here’s how they compare:

FeatureFederal LawMaryland Law
Protected CharacteristicsSex, gender identity, and raceSex, gender identity, and race
Discussion of WagesCovered under the National Labor Relations ActExplicit protection for wage discussions
Salary History BanNo federal banProhibited in Maryland
Employer CoverageAll employer sizes must be compliant if they have more than one employeeAll Maryland employers

While both Maryland and the Federal government have similar laws, Maryland's are enshrined at the state level and take it a step further. Both sets of laws prohibit retaliation and offer remedies such as back pay, reinstatement, and legal fees if a claim is successful.

When to Consult an Employment Law Attorney

If you’re facing unclear pay disparities, retaliation, or possible violations of wage equity laws, it's time to speak with an experienced equal pay act attorney. At Lebau & Neuworth, we’ve helped countless Maryland workers and employers resolve wage discrimination disputes and ensure compliance.

Equal pay laws in Maryland provide powerful protections for employees and clear obligations for employers. If you're being paid unfairly or are concerned about wage equity in your organization, it’s crucial to take advantage of the rights given to you by the state of Maryland to ensure you receive equal pay for equal work.

Whether you're negotiating a salary, reviewing compensation policies, or preparing for a potential claim, Lebau & Neuworth is here to help.

Call (410) 296-3030 or contact us online to schedule a consultation with a trusted employment law attorney.