Employment Lawyer near West Covina, CA
Dealing with a disability and having to take leave can be challenging for anyone. Choosing the type of leave and benefits afforded to you can be complicated and sometimes is incorrectly processed by your employer. At Eldessouky Law our employment attorneys acknowledge this and are fully prepared to solve these issues for you.
Can I be terminated while on short -term disability?
Employers cannot terminate an employee because they took disability leave. However just because someone is on short term disability this does not mean an employer can never terminate them. Sounds a bit confusing right? Let us explain.
When an employee is dealing with a medical condition which requires them to take short-term disability this qualifies them as a protected member. Under CA law this does afford the employee with a host of protections. One of the biggest protections is that an employee cannot retaliate against you for suffering a disability or medical condition preventing you from working. Retaliation can come in many forms including the most obvious such as termination. But this can also include harassment or significant change in the conditions of your employment.
Returning to work with Restrictions
Sometimes an employee will suffer an injury or disability that will result in temporary, and sometimes long-term work restrictions. Again, if you do have work restrictions which limit your ability to work or conduct your life within normal means, this will place you in a protected class and the same protections will apply to you.
The determination whether you can go back to your same position with these restrictions will require an interactive process with your employer. Typically, your restrictions will be reviewed in accordance with the original job duties you were hired for. If it is determined that you cannot physically perform your essential duties this does not mean the conversation ends here. Your employer is still required to engage you to see if you can be reasonably accommodated elsewhere within the company.
Everything discussed here is considered protective activity and if you have been mistreated for taking part in this process you may be a victim of a hostile work environment or discrimination at the workplace. Continue reading below to see how we can help.
Experienced Wrongful Termination Attorney in West Covina, CA
Home to more than 100,000 residents, West Covina, CA is a city of high rises and high-achieving residents. Known for its big city developments and marvels of construction, the city protects the rights of our residents to ready and fulfilling employment.
Eldessouky Law proudly represents the interests of workers throughout the city. All employers in West Covina are bound by the California and federal employment laws, including the 29 codes outlined by the Department of Fair Housing and Employment. No employee may be discriminated against on account of their medical condition, age, sex or other protected characteristic.
If you are being made to suffer unlawful action due to a protected characteristic, we want to help you hold the at-fault party accountable for their damaging actions. Call Eldessouky Law to schedule a free consultation with our West Covina employment law attorney today.
Economy and Top Employers in West Covina, CA
The West Covina, CA economy is primarily driven a booming construction and commercial developments industry. Our workers have varied and exciting opportunities for employment where they are entitled to appropriate pay and the legal protections afforded by law.
Some of the largest employers in West Covina, CA include:
- Citrus Valley Medical Center â€“ Queen of the Valley Campus: 1,393 employees
- West Covina Unified School District: 1,331 employees
- City of West Covina: 413 employees
- Target: 374 employees
- Walmart: 300 employees
- Macy’s: 289 employees
- Concorde Battery: 245 employees
- J. C. Penney: 220 employees
- BJ’s Restaurant & Brewery: 196 employees
- San Gabriel Valley Newspaper Group: 180 employees
Eldessouky Law represents employees in West Covina, CA and throughout the State of California in all types of employment claims. Our employment law attorney considers it an obligation to be there for our hard workers when they are exposed to illegal employment actions and to help them fight for their rights to fair compensation for their injuries.
If your employer is breaking the law and depriving you of your employee rights, we can help you hold them accountable. Schedule a free consultation with our wrongful termination lawyer to understand your rights and options for redress.
Employment Law Practice Areas in West Covina, CA: Eldessouky Law
Our employment law practice at Eldessouky Law focuses on providing protection to hard working West Covina employees and assisting them to pursue parties who are responsible for their damage.
We protect the rights of West Covina, CA workers in relation to the following practice areas:
- Hostile work environment claims
- Discrimination, including discrimination on the basis of national origin, race and sexual preference
- Sexual harassment
- Wage and hour claims, including overtime discrepancy issues
- Severance agreement terms, reviews and enforcement
- Retaliation and wrongful termination
Regardless of the size of your employer or the employment law violations you are complaining of, we can explain your options for redress and help you recover just financial compensation.
Fighting Discrimination in West Covina, CA Workplaces
Under California and federal law, it is illegal for an employer to discriminate against an employee on the basis of a medical condition. The Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) make it illegal to fire or hire solely on the basis of medical status.
These enactments also prohibit interview questions that seek to expose information about a medical condition or disability. This means it is illegal for a current or prospective employer to ask you questions of this nature. The essence of this provision is to limit the possible biases or prejudices that may arise in an employer on the basis of an individualâ€™s medical condition.
Even where the fact of a medical condition has become known to an employer, they are not allowed to discriminate against a person on that basis.
Actions that would amount to discrimination on the part of an employer include:
- Refusing to hire or employ
- Refusing to select for a training program
- Demoting the employee on the basis of their medical condition
- Refusing promotion, a raise or earned benefits
- Refusing to provide reasonable accommodation to the employee
To be qualified for protection under the anti-medical discrimination laws though, FEHA requires employees to have:
- A qualifying medical condition or mental disability or physical disability; and
- The condition or disability must be one that â€ślimits their ability to perform a major life activityâ€ť.
The standard of a major life activity is not very high though. Under California Government Code Â§12926.1(c), working is considered a major life activity. So, if your condition or disability prevents you from performing your job duties, you can benefit from these protections.
Sadly, not all employees are aware of their protections under these laws. If your employer is breaking any of these California employment laws, call our West Covina, CA employment lawyer for redress.
Enforcing Your Rights Against Discrimination
If you have been exposed to discrimination on account of a medical condition, you may file a lawsuit against your employer. However, there are requirements that you must exhaust administrative remedies before filing a lawsuit.
The administrative remedies that employees can explore before filing a lawsuit include:
- Bringing the discriminatory conduct to your employer and attempting to work with them to resolve the issue
- Filing a complaint with either the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC)
If you have informed your employer or supervisor about the discriminatory conduct you are being made to endure and they turned a deaf ear, we want to hear your story. We will help you process and file your complaint at the DFEH or EEOC and work to recover justice for you.
Contact our West Covina, CA Employment Law Attorney Today for a Free Consultation
If you believe that you are being discriminated against at work because of your medical condition, contact us immediately at 714-409-8991 to set up a free and confidential consultation. Do not allow your employer to get away with breaking the law.
By speaking up, you not only enforce your own rights, you also help prevent others from suffering the same conduct. Our West Covina, CA employment lawyer is available to hear your story and provide you with the exceptional legal representation you need to recover.