Employment Lawyer near Inglewood, CA
Our employment law lawyers at Eldessouky Law are dedicated to protecting employee rights for those living in Inglewood CA. Inglewood has not only been home to some of the best sports franchises (Go Lakers!) but also, home to some of Californiaâ€™s hardest working employees. Inglewood continues to undergo rapid changes that will affect its residents and future residents. If you have been harassed, retaliated against, not paid overtime, or even terminated because of your medical condition, reach out to us to see how we can help.
Disability Discrimination in CA
If you are suffering from a short-term or long-term medical condition, right have rights. Often employees will suffer an injury that requires them to have work restrictions so that they can quickly heal. When you have these restrictions, it will be important that you immediately send them to your employer to figure out what the next steps will be. Usually there will be a couple options: 1) You continue going to work with the same role while following your work restrictions; 2) You go back to work but work in a different department because your original role would violate your restriction ; 3) you take medical leave to heal. The last option of taking leave is considered a form of reasonable accommodation under CA and can get complicated if it extends for a significant period. There is no magic number of days of how long this leave can be to be considered reasonable. However certain rights afforded to you under FMLA and CFRA can be affected if you exceed 12 weeks. If you have exceeded 12 weeks of leave and your employer has terminated you, this may still be a violation of CA discrimination laws.
Wrongful Termination Lawyer in CA
The employment and business opportunities in Inglewood, CA are diverse and rewarding. With the cityâ€™s entertainment and amusement outlets serving as a major attraction for consumers all over the country, Eldessouky Law focuses on the importance of our Los Angeles County employeesâ€™ rights and fair treatment at work.
Inglewood is home to more than 110,000 residents who work hard to support their families and the lifestyle they are comfortable with. Every single employee in this city is protected under the California constitution and employment statutes. When their rights are violated at work, our Inglewood employment law attorney, Mohamed Eldessouky, provides exceptional legal representation that delivers results.
No matter what company you work for, your position there or how powerful their legal team may appear, Eldessouky Law will fight for your rights and see that you receive the full protections available under the law.
Top employers in Inglewood, CA
Inglewood, CA is well-recognized as a business friendly city where employers want to set up shop. With office developments worth more than $104 million and industrial developments worth more than $109 million, the employment opportunities in Inglewood are vast and rewarding.
Some of the largest employers in Inglewood, CA include:
- The Honest Company
- Kaiser Permanente
- Marvin Engineering Group
- City of Inglewood
- Arco AM PM
- Centinela Hospital
- Home Depot
- LA Hyundai
For all of these employers, the obligation under the California employment laws is the same. All employers must respect the workplace rights of their employees and maintain conditions of work that do not violate these rights in any way.
When those conditions are violated by unlawful employment actions, our Inglewood, CA employment attorney focuses on righting the wrongs caused by the employer, no matter their size or corporate connection.
Eldessouky Law Practice Areas in Inglewood, CA
At Eldessouky Law, our focus is on advocating for the rights of employees and seeing that they are protected from unlawful conditions of work. Our employment law attorney in Inglewood, CA is devoted to upholding the law and provides exceptional legal representation for employees that are being wronged by their employers.
Our employment law practice areas in Inglewood include:
- Hostile work environment claims
- Discrimination based on race, sex, religion, national origin, sexual orientation, age or disability
- Sexual harassment
- Wage and hour claims, including overtime payment issues
- Severance agreement protections and enforcement
- Retaliation and wrongful termination
If your employer is breaking the law in relation to any of these practice areas, we want to hear your story. Schedule a free consultation with Eldessouky Law to learn of your rights and how we can help you pursue your employer for the emotional, physical and financial injury you have suffered.
Reasonable Accommodation Under the Fair Employment and Housing Act
Under California laws, employees who suffer physical or mental impairment that affects their ability to work may request reasonable accommodation. The Americans with Disabilities Act and the California Fair Employment and Housing Act, specify that disabled employees should be given every resource that is reasonable to help them perform their job duties.
These laws were enacted with the recognition that a disability may prevent an affected employee from enjoying the benefits and privileges of employment. As far as the law is concerned, all employees should be able to access equally fulfilling work, disability or no.
Sadly, many employers fail to live up to their obligations under the law. The disability discrimination laws stipulate that when it comes to the attention of an employer that a worker may require reasonable accommodation, they must initiate an interactive process. Jensen v. Wells Fargo Bank, 85 Cal.App.4th 245, 261
The essence of the interactive process is to engage in discussions with the employee in order to understand their challenges and provide good faith recommendations as to possible accommodations that fit the circumstances.
But what many employers do is they only participate superficially in the process, depriving challenged employees of the opportunity to access the accommodation they need to do their work.
Although, an employer is not obligated to provide accommodation where it will cause them â€śundue hardshipâ€ť, the problem is too many are quick to avoid their responsibilities here.
When Can an Employer Refuse to Provide Reasonable Accommodation?
There are two major defenses that an employer may raise as justification for failing to provide reasonable accommodation. These are on the basis of:
- Undue hardship
- Health or safety risk
The undue hardship defense is relevant where the employer claims that the proposed accommodations would result to undue hardship in the operation of their business. To succeed in raising this defense, employers are usually required to show that the accommodation would be significantly difficult or expensive to implement.
In determining if this is truly the case, the court and jury would usually consider the following factors:
- The nature and cost of the proposed accommodation
- The employerâ€™s ability or inability to pay for the accommodation
- The type of work ordinarily carried out at the employerâ€™s office or facility
- The impact of the accommodation on the facility
- The number of employees at the office and the relationship of their duties to one another
- The number, type and location of the employerâ€™s facilities; and
- The administrative and financial relationship of the facilities to one another. California Jury Instructions CACI 2545
Where the employerâ€™s complaint is that even with the accommodations, the challenged worker would still be unable to perform an essential duty without health or safety risk, they must also prove this.
Showing health or safety risk will include proof that:
- The job duty in question is an essential job duty; and
- Even with reasonable accommodation, the employee would be unable to do the job without endangering her health or safety or that of others, compared to when an individual without disability performs the job. California Jury Instruction CACI 2544
An employer cannot make this judgment based on mere speculation though. There must be an â€śimminent and substantialâ€ť risk involved in performing the duties in question. Wittkopf v. County of Los Angeles (2001) 90 Cal.App.4th 1205, 1218â€“1219 [109 Cal.Rptr.2d 543]
Schedule a Free, No-Risk Consultation with Us Today
If you are being made to endure an unlawful situation at work, consisting of disability discrimination or lack of a good faith interactive process, contact Eldessouky Law at 714-409-8991 to schedule a free consultation. We will see to it that you obtain the justice you deserve.