Huntington Beach, CA is not excluded from the strong network of laws that protect employee rights in California. However navigating through all the rights afforded to you and making the determination if you have a case requires a deep understanding of the law and your particular situation. Employment law attorney, Mohamed Eldessouky, fights tirelessly to enforce these rights and has successfully obtained awards for many Huntington Beach residents.. Mr. Eldessouky is experienced at litigatingcommon workplace violations workers face in Huntington Beach. Any worker who has had their employment rights violated can find legal guidance and representation from Eldessouky Law.
California laws are clear on how they protect the rights of employees and ensure their freedom from unfair and unsafe workplace conditions. Our employment firm works to protect employees from the negative effects of hostile work environments, includingwage and hour violations. No worker should be exposed towrongful termination,discrimination or retaliation at work.
If you are being mistreated at work in any way, talk to our Huntington Beach employment and disability discrimination attorney today. We will help you understand your rights and how to enforce your rights against your employer.
What Amounts to Disability Discrimination in CA?
Disability discrimination can occur in many ways, both subtle and direct. However, due to increasing awareness about the rights of workers these acts are not often direct. As a result, it can be hard to tell when discrimination has occurred or what acts amount to discrimination.
Regardless, if you experienced any of these acts, you may have been discriminated against:
- Refusal to hire you for a position that you are qualified for because of a disability
- Demotion on grounds that unfairly target you due to a disability
- Reduction of responsibilities at work on discriminatory grounds
- Refusal to commence or engage in a discussion to see how you can effectively perform your job
- Refusal to explore possible accommodations to help you perform effectively at your job
- Terminating you because of your disability
How to Protect Your Rights Against Disability Discrimination in 3 Steps
In 2019 roughly 6% of all EEOC charges made in California were based on Disability Discrmination.
If you suspect you have been discriminated against at work, there are steps you can take to get started on protecting your rights. These steps will apply in most circumstances, including if where the discrimination if from a co-worker, supervisor or your boss.
- File a complaint: In most situations, you should always start with filing a complaint. This is vital for several reasons. First, it strengthens your claim by documenting the instance of discrimination you have suffered. Second, it provides an opportunity to potentially resolve the issue immediately and protect you from serious harm or loss later on. Third, it serves as strong evidence if your employer fails to do anything about conduct you are facing.
- Keep a copy: This is very important. Even if you make the complaint orally, follow it up by sending a mail or typewritten letter and save a copy. This ensures that you have all the documentation you need to pursue the claim further if your employer does nothing about your complaint.
- Participate actively in any efforts to address your complaints: A lot of the time, employers fail to take reasonable or good faith steps to investigate complaints. Even if you feel that these steps were not taken in good faith, ensure you participate actively. This way, you do prevent potential arguments that you failed to help the process work.
If the unlawful conduct continues after doing this, your next step should be to contact a Huntington Beach disability discrimination attorney. We will help you understand how the law applies to your situation and how best to pursue justice in your case.
Huntington Beach Wrongful Termination Attorney
At Eldessouky Law, our disability discrimination and wrongful termination attorneys are dedicated to protecting the rights of workers. We understand the disruption that negative treatment at work can cause and this is why we provide a ready resource to help enforce these rights.
Every employer in Huntington Beach, CA has a duty to protect the rights of disabled employees. This includes providing reasonable accommodations where possible and helping these workers do their job effectively. When employers fail in these duties, it is our responsibility to hold them accountable.
Top Employers in Huntington Beach, CA
Sunny Huntington Beach is a great attraction for people from all over the US who want to enjoy warm sand and the blue ocean. With a resident population of almost 190,000, the city is the most populous beach city in Orange County.
Some of the largest employers in Huntington Beach, CA include:
- Boeing: 3,827 employees
- Zodiac Aerospace: 709 employees
- Hyatt Regency Huntington Beach: 641 employees
- C&D Aerospace: 555 employees
- Cambro Manufacturing: 550 employees
- Huntington Beach Hospital: 527 employees
- Wal-Mart: 462 employees
- No Ordinary Moments: 421 employees
- Huntington Valley Healthcare: 381 employees
- Harbor Distributing: 350 employees
Eldessouky Law Practice Areas in Huntington Beach, CA
At Eldessouky Law, our focus is on protecting the rights of employees in Huntington Beach, CA and throughout Orange County.
Our employment law practice areas include:
- Hostile work environment claims, including:
- Sexual Harassment
- Wage and hour claims, including:
- Underpaid regular pay rates
- Unpaid rest or break times
- Overtime payment discrepancies
- Severance terms, agreements, and enforcement procedures
- Retaliation claims
- Wrongful termination
- Disability Discrimination
If your rights are being disrespected by your employer in any way, we want to hear your story. Our services include a free case review to help you understand how your rights are being violated and what you can do about it.
Must My Employer Accommodate My Work Restrictions?
Both under the Americans with Disabilities Act and the California Fair Employment and Housing Act, employees with disabilities have important rights. When an employee suffers a disability or medical condition, they may have certain work limitations. These may include limitations to the kind of work they can do, how they work or for how long they can work.
The anti-discrimination laws require employers to see how they can accommodate these limitations where necessary. This means they should provide a modification or adjustment to workplace conditions that help the employee perform their job. Hernandez v. Rancho Santiago Cmty. College Dist. (2018) 22 Cal.App.5th 1187, 1193–1194 [232 Cal.Rptr.3d 349].
There are many ways in which employers can do this. These may include physical modifications to the workplace, such as by providing ramps or rails to improve access. It may also include providing reasonable leave where necessary.
Can I Be Terminated if My Leave is Longer Than 12 Weeks?
If your disability includes a serious health condition that interferes with your ability to do your job, you may be able to request an FMLA or CFRA leave. These are provided under the California Family Rights Act and the Federal Family and Medical Leave Act.
Under these laws, qualifying employees are allowed to have up to 12 weeks leave to recover from their health condition. But if you find that you require longer than 12 weeks, it may still be possible to secure leave for a longer period.
It is important to keep in mind that your employer cannot fire you simply because you requested extra time to recover from your injury. However, there are situations where they may be justified such as:
- If you fail to show up without notice. If you need more than 12 weeks, you are required to inform your employer of the new development
- Failing to provide justification of the need for extra leave in the form of a doctor’s note or other documentation
These circumstances can often be complicated however, as there is no straightforward situation. If you find yourself experiencing this, it would be best to contact a Huntington Beach disability discrimination attorney immediately.
Schedule a Free Consultation with Eldessouky Law Today
Our services include a free case review to help you understand your rights and where your employer may be failing you. Call 714-409-8991 to speak with one of our attorneys today.