Employment Lawyer near Arcadia, CA
At Eldessouky Law, our commitment to protecting the rights of workers in Arcadia, CA is unmatched throughout the State of California. Our committed employment law firm focuses on the importance of our Los Angeles County employees’ rights and their entitlement to fair treatment at work through legal representation.
Arcadia, CA is home to over 56,000 residents who work hard to enjoy the sunny lifestyle and opportunities that our city affords. When their rights are breached at work, it is important to our employment lawyer in Arcadia, CA that our residents understand their options for redress under the law.
The California Labor & Workforce Development Agency specifies guidelines and regulations that employers must abide with. When any of these companies, no matter their size, breaches these rules, it is our Arcadia employment lawyer’s duty to ensure our clients’ rights are upheld. Unlawful action at work is not just an area of legal practice for us – we see it as illegal behavior that affects the livelihood and happiness of our clients and we will pursue the best outcome available for your case, no matter who your employer is.
Economic Impact and Employment in Arcadia, CA
In addition to its reputation as a residential community recognized as the 5th most expensive housing market in the US, Arcadia, CA is driven by entertainment, arts, recreation, wholesale and retail trade, health care and manufacturing.
The largest employers in Arcadia, CA include:
• Nordstrom Inc.: 420 employees
• Macy’s West: 343 employees
• J C Penney Corp, Inc. #1417-5: 244 employees
• FedEx Ground Package System, Inc. #910: 216 employees
• Healthcare Partners Affiliates Medical: 206 employees
• Dave & Buster’s: 181 employees
• The Cheesecake Factory Restaurants, Inc.: 177 employees
• Forever 21, Retail, Inc.: 141 employees
• 99 Ranch Market 7: 139 employees
• Din Tai Fung Santa Anita Restaurant: 135 employeesAll of these employers are required to apply the labor laws and regulations that govern employee rights in California. They all have a responsibility to prevent an unlawful environment at work and when this already exists, they are obligated to put an end to it immediately. If your employer is breaking the law or allowing an unlawful situation to continue, contact our Arcadia, CA labor attorney today for help.
Practice Areas in Arcadia, CA: Eldessouky Law
At Eldessouky Law, we represent the interests of workers throughout our city and employees all over Los Angeles County. We help these workers stand for their rights and pursue legal redress on their behalf when these rights are violated, no matter the size of their employer or their position at the company.
Our employment law practice areas in Arcadia, CA include:
• Discrimination claims
• Hostile work environment
• Sexual harassment
• Severance agreements, terms and enforcement
• Wage and hour claims
• Wrongful termination
• Retaliation claims, including whistleblower claims
If you believe you are being mistreated at work in any manner, schedule a free consultation with our employment law attorney at Eldessouky Law today to fully understand your rights.
What are Your Rights After Being Injured at Work?
Suffering any injury while employed can create complications between yourself and your employer when it affects your ability to work. After an injury at work, your employer has a duty to refrain from unlawful or illegal conduct under the California employment laws. Suffering an injury that deprives you of the ability to work is bad enough, you should not be exposed to illegal employment action in addition.
If you have suffered an injury at work, your employer is not allowed to:
• Prevent you from applying for or accessing compensation under the Workers’ Compensation Act
• Terminate your employment because you chose to claim Workers’ Compensation
• Refuse to approve medical leave to allow you fully recover from your injury; or
• Terminate your employment for requesting leave or an extension to previously granted medical leave
“Workers’ compensation is based on a no-fault system, which means that an injured employee does not need to prove that the injury or illness was someone else’s fault in order to receive workers’ compensation benefits for an on-the-job injury or illness” More can be found here.
The California Labor Code specifically provides that “there should not be discrimination against workers who are injured in the course and scope of their employment”. This provision was interpreted in the case of Raven v. Oakland Unified Sch. Dist. (1989) 213 Cal. App. 3, 1364 to protect employees from retaliation after filing a workers’ compensation claim. it
If you suffered an injury at work immediately report it and ask to be treated. Failure to do this may later affect your rights. Similarly, if your employer does not send you to be examined by a medical profession you should reach out to an attorney.
Other actions taken against you such as harrassment, reduction in hours, or a demotion may also be considered illegal employment practices.
If you were relieved of your employment in suspicious circumstances or without just cause after suffering an injury at work, we want to hear your story. You may have been unlawfully terminated.
What happens if your injury was not sustained at work?
These injuries may include being involved in an car accident, sporting event, or the worsening of an existing medical condition.
You are still entitled to several important workplace rights. If you were disabled due to the injury, you may be entitled to protection under the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA).
Both of these laws prohibit employers from discriminating against an employee on account of a physical or mental disability, or because they have a medical condition. Employers may not terminate an employee because their disability or medical treatment prevents them from immediately returning to work.
However even if termination is not a factor, an employer may still be in violation of these laws if they deny reasonable accommodations to an employee. For instance if your disability or medical conditions has resulted in work restrictions, your employer must engage in the interactive process to determine if these requests can be reasonably accommodated.
Of course there may be times that an employer cannot immediately accommodate an employee to allow them to continue working their regular position or the same amount of hours. It is for this reason that each case must be individually assessed to see if the employer has fulfilled their legal obligation. Simply saying they cannot accommodate you is not enough.
For a Plaintiff to succeed in a lawsuit alleging Failure to Accommodate they would have to satisfy the requirements within California Jury Instruction 2542 which requires that in such circumstances, the employer has an obligation to provide “reasonable accommodation” for their challenged employee. This means that the employer must do all they can to help the employee remain in their job, along with whatever concessions are reasonably necessary.
The forms of what an accommodation can be are broad and are further discussed here. In short every workplace will create different opportunities for an employee to be accommodated. This coupled with the specific work restrictions of an employee will determine what the best accommodations are available.
How do I know if I qualify for Family and Medical Leave Act (FMLA)?
The federal Family and Medical Leave Act (FMLA) allows workers who qualify to take up to 12 work weeks of unpaid job-protected leave to recover from their injuries. In addition, an employer would be required to keep the employee’s health insurance in force during the leave period.
However, the FMLA only applies to workers who:
• Work for an employer with 50 or more employees, and these must also work for at least 20 weeks in a year
• Has worked for at least 1,250 hours in the 12 months before applying
• Lives within a 175-mile radius of the job site
If your employer does not meet the requirements listed above don’t worry you still have plenty of rights. California has an equivalent law in the California Family Rights Act (CFRA) and Fair Employment and Housing Act (FEHA). Under both laws, you cannot be relieved of your jobs simply because you chose to exercise your rights as protected. Terminating your employment because you requested medical leave or reasonable accommodation amounts to retaliation and if you have suffered conduct of this nature, contact our wrongful termination attorney in Arcadia, CA today.
Protect Your Rights: Schedule a Free Consultation with Eldessouky Law
If you believe you are suffering injustice in the workplace, of whatever character, contact our Arcadia, CA employment law attorney today at (714) 598-2390 for a free consultation.