Employment Lawyer near Los Angeles, CA
Eldessouky Law: Experienced Wrongful Termination Lawyer in Los Angeles, CA
At Eldessouky Law, we take great pride in representing employees and residents throughout the city of Los Angeles, CA. With more than 4 million people, Los Angeles is one of the largest cities in the US, second only to New York. It is important to us that LA residents have a trusted resource for questions or assistance about the circumstances or conditions of their employment.
Our experienced labor law attorneys are committed to assisting Los Angeles, CA employees understand their rights and entitlements in the workplace. The State of California has a strong mass of labor regulations and laws that protect workers from discrimination and wrongful termination in the workplace. Insisting on your rights to a workplace free from hostility or discrimination should not cost your job. If you have been mistreated at work or retaliated against for standing up for your rights, contact Eldessouky Law today to learn your options as an employee.
Top Employers in Los Angeles, CA
Regardless of their workforce size or profile, all employers in Los Angeles are required to respect the workplace rights of their employees.
The largest employers in Los Angeles, CA include:
- Kaiser Permanente: 37,500
- Northrop Grumman Corp.: 16,600
- Providence Health & Services: 15,900
- Target Corp.: 15,000
- Cedars-Sinai Medical Center: 14,900
- Ralphs / Food 4 Less (Kroger Co.): 14,900
- Los Angeles Community College District: 13,200
- Walt Disney Co.: 13,000
At Eldessouky Law, we routinely represent workers from these companies and several others throughout the State of California that have had their workplace rights infringed upon.
Protecting the Rights of Employees in Los Angeles, CA: Eldessouky Law Practice Areas
Nobody should have to endure unlawful activity at work. Our experienced labor attorney, Mohamed Eldessouky, can help you hold your employer accountable and put an end to the unlawful behavior you are being exposed to.
At Eldessouky Law, our employment practice covers the following areas:
- Hostile work environment claims
- Retaliation claims
- Severance agreements, protection and enforcement
- Sexual harassment
- Wage and hour claims, including overtime pay inconsistency claims
- Wrongful termination
If you have been subjected to harsh and unjustified employment actions by your employer or if you believe your employee rights have been violated, Eldessouky Law can help you proceed with a claim against them. Schedule a free consultation today so we can explain your options and provide effective solutions to assert your workplace rights.
Discriminated Against at Work? Speak to a Labor Attorney About it Today
Discrimination in the workplace is never an easy thing to deal with. It can lead to severe stress, unhappiness and even doubt in your abilities. If you were subjected to unlawful negative treatment, such as refusal of a raise you earned fairly for discriminatory reasons, you may have a legal case against your employer.
California law such as the Fair Employment and Housing Act, prevents discrimination in the workplace by placing certain groups of people in protected classes.
In the State of California, it is illegal to discriminate against any person on account of:
- Age (for persons 40 and older)
- Gender identity and expression
- Genetic information
- Marital status
- Medical or health conditions
- Military or veteran status
- National origin
- Political affiliation or activities
- Pregnancy, childbirth and related medical conditions
- Sexual orientation
- Status as a victim of domestic violence, assault or stalking
If you believe you have been made to endure policies that negatively affect you simply because you were in any of these classes, we can hold your employer responsible and help you pursue redress for the wrong you have suffered.
Are all employment lawyers the same?
No, there are some attorneys who represent only employees, and others that represent strictly companies. There are also others that represent both employees and companies, depending on the circumstances of the case.
However, the distinction does not stop there. There are also employment lawyers who are litigators. A litigator is technically a lawyer who will engage the court through a lawsuit to represent your interests. Some may even go as far as narrowing it down as a â€śtrial lawyerâ€ť who will not only litigate a case through motion practice but who will also take your case to verdict. This will include picking a jury, giving opening statements, examining witnesses, and convincing a jury to award you money.
At Eldessouky Law, we focus strictly on representing employees who have had their employment rights violated. Our attorneys are experienced trial lawyers who are skilled at litigating common workplace violations employees in California face. We are prepared to help you proceed against your employer and fight your case up to the US Supreme Court, if necessary.
When is the right time to call an attorney?
As a rule, the best time to call an attorney is when you believe your rights are being violated at work. Once you suspect something is wrong and your employer does not provide a satisfactory explanation or remedy, you should speak to an employment lawyer.
While knowing when your employment rights are violated can be difficult, there are certain red flags you can watch out for:
- You are being made to endure negative treatment or unfavorable conditions at work. The California and federal employment laws are designed to ensure employees are treated fairly. If you are suffering negative treatment such as demotion, denial of pay or workplace benefits, harassment, or unfair performance reviews, your rights may have been violated.
- You are being targeted because of a protected status or a right you exercised. Examples of this behavior include denying you a workplace advantage because of your age, sex, pregnancy status, race, national origin or disability.
- You are not being paid fairly or at all for the work you perform. This includes not being paid for overtime work, despite working more than 40 hours per week and not being exempt.
Once you experience these or any similar situations, you should get legal help immediately. An employment attorney will help you understand how your rights are being violated and what you can do about it.
Is being laid off the same as being terminated?
The short answer is No. A layoff is quite different from termination, and understanding the difference can be important to your employment law case.
In general terms, a layoff includes a large group of employees who are being let go because they are no longer needed or can no longer be paid by the company. Layoffs typically happen due to poor financial conditions for the company or restructuring of the business. They occur purely for reasons of business necessity.
Termination is much more specific and often limited to specific individuals, rather than a company-wide change. It may be due to poor performance, misconduct, lack of job fit or any factors that apply specifically to the single employee. For whatever reason it occurs (which can be any lawful reason or no reason at all), termination is much more narrow than being laid off.
Sadly, a layoff or termination can happen at any time, and thereâ€™s little anyone can do about it if carried out in a proper way. California law respects the right of a business owner or employer to take decisions that are best for their business. However, what the law does not allow, is laying certain people off or terminating them for reasons that are illegal. Martin v. Lockheed Missiles & Space Co., Inc. (1994) 29 CA4th 1718, 1732-1733, 35 CR2d 181, 188-189.
In Guz v. Bechtel Natâ€™l, Inc., 24 Cal. 4th 317, 358 (2000), the court emphasized that while an employer is free to reduce their workforce, they cannot do so in an illegal manner. An illegal layoff includes getting rid of certain workers solely or substantially because of their sex, age, disability, race or other protected characteristic.
In addition, if the layoff disproportionately affects workers of a particular protected class, the employer must justify why this is so. For instance, if workers over the age of 40 are mostly being affected by the layoff, it is not enough for the employer to say they have a right to reorganize their workforce. They must go further to explain why those particular employees were selected for layoff or termination, instead of others.
Can I be laid off while on Medical Leave?
Yes, you may be laid off while on medical leave, but only in very limited situations allowed under California and federal law.
Under both the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), you have specific leave of absence rights. You are allowed to take a leave of up to 12 weeks for a wide number of reasons including to care for a spouse, parent or child with a serious health condition, or bond with your child.
When you return from leave, you are guaranteed a return to your old job or a comparable position. You also have a right to request that the guarantee be in writing. Where your old job is no longer available, the comparable position should have the same benefits, pay, promotion opportunities, status and job content.
Even if you were replaced by someone else after going on leave or had your job duties absorbed by other employees, you are still entitled to these rights. An employer cannot claim you no longer have a job because your position has been filled or your duties transferred. You are entitled to reinstatement in these circumstances.
It is important to keep in mind that there are circumstances where you may be laid off or have your position closed while on medical leave. These include:
- Mass layoffs that happened during your leave;
- Scheduled elimination of your position which is entirely unrelated to you going on leave; or
- Impending termination of the employee before leave
But these exceptions are treated strictly by the courts and an employer must justify their actions. For instance, if an employer argues the employment would have ceased anyway, they must show that termination would still have occurred even if the employee was continuously available and working during the period of leave. California Jury Instructions CACI 2612.
In Breneisen v. Motorola, Inc., 512 F.3d 972 (7th Cir. 2008), the plaintiff went on leave and came back to find that his job duties were absorbed by other employees. The employer argued that the position was eliminated due to restructuring. The court found that the job duties were instead transferred to other employees. Since this was the case, the plaintiff had established a case that his job would not have been closed if he had not gone on leave.
Contact Eldessouky Law for help
Determining if your rights were violated in a layoff can be very difficult due to the varying circumstances that can be involved. Our experienced Los Angeles employment lawyer understands what to look for and can help you determine if you have a case against your employer.
To understand your employment law rights and options, call Eldessouky Law today at 714-409-8991 for help.