Impact on the FMLA Claim Timeframe
Starting a new job before the approved FMLA leave timeframe is entirely fine and necessary.
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FMLA Retaliation Focus: Your lawsuit focuses on the unlawful action that occurred at the moment of termination (being fired because you requested leave). Your entitlement to damages (lost wages) began on that termination date.
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The Leave is Irrelevant (Post-Termination): Once the employer terminates you, they have already committed the act of FMLA interference and retaliation. What you do afterward regarding employment is viewed only through the lens of mitigating your damages. You are not obligated to observe the FMLA leave period once you no longer work for that employer.
In summary: Accepting the new job is the best financial and legal move. It demonstrates responsibility and directly limits the amount of lost wages you can claim, but it does not diminish the fact that your former employer allegedly committed an illegal act. Your claim is for the lost wages and emotional distress that occurred up to the point you started your new job, plus the possibility of recovering attorney's fees and other damages.
