Our employment attorneys at Eldessouky Law protect the rights of employees all throughout Los Angeles, including Glendale CA. This includes employees being mistreated or even terminated for suffering a disability. We understand that sometimes people suffer an injury at work or during their time off and that a medical condition may follow. Just because you are physically limited in what you can do does not mean you have no rights. We also understand that not all limitations are physical and that is why we represent clients suffering from any condition affecting their daily life activities. These conditions can be mental or genetic. It is important to reach out to us to see what your rights are if you have been mistreated at work because of your medical condition.
What to do when HR is Not Helping
When you find yourself needing to communicate with human resources and hitting a wall, your employer may be violating the law. In particular, they may have failed at the Interactive Process. Employers are mandated to follow a host of employment laws and generally rely on human resources professionals to assist them in that duty. Just as the title suggests, this is a resource for employees. If an employee goes out on medical leave or needs certain work restrictions to be followed an employer must engage in the interactive process, in good faith. Simply acting like they want to help only to set you up for failure will be found to be a violation of this law. Read more below to better understand how this works.
What can I do to Protect my employee rights? Top 3 tips
#1 – Reach out to Human Resources
The law sometimes requires this to give your employer to step in and prevent lawful activity. Put a different a way, how can someone fix something that they do not know is a problem? Believing that nothing will be solved is not enough. If you are dealing with trouble at work, it is highly advisable to make record of it by making record of it.
The best thing you can do when having difficulty with your employer is to document. What this means is start emailing and keeping record of a timeline of all things relevant. If you feel important information is being lost or misrepresented by someone do not hesitate to send emails establishing your position for the record.
#2 – Keep things as confidential as possible.
If you have a personal issue with your boss or a co-worker its best to keep it private. Spreading gossip at the workplace and possibly affecting productivity can lead to termination of your employment. When push comes to shove you can never be too sure who will provide a statement in your favor or against you. If other people at work are part of the problem, you will have to trust that your employer will involve them as part of the investigative process.
#3 – Do not sign a severance agreement without having an attorney review it.
Sometimes things reach a point where it is just better that all parties move on. Employers have been found to act in bad faith by enticing employees with agreements that offer immediate cash for exchange an of waiver of rights. Once you sign this it will be nearly impossible to go back and obtain an award for violations of employee rights. The law presumes that if you sign something you have read it and understand its contents. Claiming that you were under pressure will generally not be enough.
Committed Employment Lawyer in Glendale, CA
At Eldessouky Law, our commitment to protecting the rights of workers in the Glendale, CA community is unmatched throughout the State of California. Our employment law attorney,Mohamed Eldessouky, provides exceptional legal representation for our over 200,000 residents and takes exception when their employee rights are violated.
No matter where you work, either in one of the several employment positions that this city provides or as an employee for one of its numerous private employers, the California workplace laws protect you from unlawful conduct at work.
Whether you are facing discrimination at work on account of age, sex, national origin, color or any other protected characteristic, or other unlawful behavior, your rights are protected. At Eldessouky Law, we routinely represent employees in employment cases of all types and help them hold their employers accountable.
If your employer is breaking the law and failing to respect your workplace rights, we will pursue them on your behalf for the respite you deserve from unlawful conduct.
Top Employers in Glendale, CA
Glendale has a thriving business community with an economy underpinned by media and entertainment giants such as Dreamworks Animation and Disney. The employment opportunities created by these companies are important to this community and provide earning opportunities that let our workers enjoy the sunny lifestyle this city affords.
Some the largest employers in Glendale, CA include:
- Glendale Adventist Medical Center: 2,662 employees
- Glendale Unified School District: 2,460 employees
- City of Glendale: 1,997 employees
- Dreamworks Animation: 1,478 employees
- Glenair Inc.: 1,322 employees
- Nestle Company: 1,275 employees
- Glendale Community College: 1,242 employees
- Glendale Memorial Medical Center: 1,200 employees
- USC Verdugo Hills Hospital: 726 employees
- Public Storage: 354 employees
However, the opportunities these business provide to our residents does not absolve them of their responsibility to employees. Every California worker deserves a workplace that is safe and free from hostility, withfair and just compensation for their work.
If your employer is violating your rights by depriving you of statutorily guaranteed minimum pay or required rest and break periods, you have a right to redress. Employment law attorney in Glendale, CA, Mohamed Eldessouky, will help you enforce your rights and hold your employer accountable.
Protecting the Rights of Glendale, CA Workers: Eldessouky Law Practice Areas
Our focus at Eldessouky Law is on advocating for the rights of workers in the Glendale, CA community and throughout the State of California. When the workplace rights of workers in this community are breached, they turn to our employment law firm for assistance in relation to our concentrated practice areas.
We provide employment law assistance and representation in Glendale, CA in the following practice areas:
- Hostile work environments, including:
- Sexual harassment
- Wage, hour and overtime payment discrepancy claims
- Severance agreements, terms, conditions, and payments
- Retaliation claims, including whistle blower cases
- Wrongful termination
If you are being made to endure unlawful conduct at work, you may have a right to redress. You can take action today to put a stop to your employer’s wrongful behavior. Speak to our Glendale, CA wrongful termination attorney today for a full understanding of your rights and options for redress.
The Compulsory Interactive Process for Reasonable Accommodation
The California and federal laws that require reasonable accommodation for employees at work are focused on achieving workplace equality. They are based on the premise that if an employee who is facing a disability challenge will be expected to “pull their weight” at work, they should be given whatever assistance they need to do so.
Due to this, California law requires employers to provide reasonable accommodation to those employees who need it. According to California Jury Instruction CACI 2542, a reasonable accommodation is a “reasonable change” to the environment or conditions of work that:
- Allows an employee with a disability more effectively perform the essential duties of their job
- Enables an employee with a disability equally enjoy the same benefits or privileges or employment that other employees without disability enjoy; or
- Provides a qualified applicant with a disability an equal opportunity in the job application process.
The simple focus with providing reasonable accommodation is to provide whatever reasonable assistance an employee with a disability needs to access the same workplace opportunities available to non-disabled workers. Prilliman v. United Air Lines, Inc. (1997) 53 Cal.App.4th 935, 950–951 [62 Cal.Rptr.2d 142]
The accommodations provided by an employer may include:
- Making the workplace more accessible by installing a ramp or wheelchair access
- Modifying tests or training materials to account for workers with disabilities
- Reassigning the employee to a vacant position where they can work effectively
- Allowing them the use of a reasonable solution such as a care animal or aids to help with stress, anxiety or some other condition
If there are many alternatives, it doesn’t matter that an employer only picks one. It would still be a reasonable accommodation under the law.
Employers are legally required to immediately engage in a good faith, interactive process to determine necessary accommodation once an employee’s need reaches their knowledge.
For instance, if an employer is wearing a splint at work or needs help to lift heavy items like in this case and the employer knows about it, they have a duty to start the process. The employer failed to do so in this case and the worker was awarded $2.9 million in compensation.
The interactive process must be:
- Done in good faith
- Collaborative between both employer and employee; and
- The options provided must be reasonable. Hanson v. Lucky Stores, Inc. (1999) 74 Cal.App.4th 215, 228
If an employee has made a request for accommodation and the employer failed to engage in the interactive process, the employer may be liable. You may file a claim showing that your employer failed to engage in the good faith interactive process even though you were willing to participate. California Jury Instructions CACI 2564
Contact Eldessouky Law Today
You can hold your employer responsible for failing to uphold your workplace rights. Contact the employment law attorney in Glendale, CA at Eldessouky Law at 714-409-8991 to assert your rights and hold your employer accountable for the harm you have suffered.