Our Employment Lawyers at Eldessouky Law are fully committed to representing employees all throughout Los Angeles County in California. For many of us here, Los Angeles is home and consider ourselves to be true and proud Angelenos. Offering diverse employment opportunities for people around the world, Los Angeles is home to some of the world’s most talented and hardest working people in the world. At Eldessouky Law, we proudly protect those who contribute to Los Angeles while making it one of the best communities on earth. We treat our clients like family and are thankful they have responded with outstanding ratings and reviews for our efforts.
It is this dedication and hard work defending employees that has resulted in our Super Lawyer accredited as one of the best employment attorneys in Los Angeles County. Our services include all major concerns an employee in Los Angeles may face while working for their employer.
Under the law, Los Angeles county employees are protected from wrongful termination, discrimination, unpaid wages, a hostile work environment, and retaliation. Our employment lawyer works in courts in or near these cities in Los Angeles county:
- El Monte
- El Segundo
- Los Angeles
- Monterey Park
- Pico Rivera
- San Dimas
- Santa Clarita
- Santa Fe Springs
- Santa Monica
- South Gate
- Van Nuys
- West Covina
3 Quick steps to take when on Medical Leave / Suffering from an Injury or Disability
Keep your employer informed.
It goes without saying that you should let your employer know if you are unable to attend to work. This can be achieved by way of a phone call, email, or in person. If your employer does not hear from you this can be considered job abandonment resulting in for cause termination.
Provide sufficient medical documentation.
This tends to be the most problematic step for employees and employers. But why is this complicated? First, the simple transmission or delivery of the doctor’s note does not always go as planned. Do not rely on your doctor’s office if you can confirm yourself. A quick email or phone to confirm receipt should be enough. Second, the information within the doctor’s note is often debated. To ensure your rights are protected your employer must have reasonable notice that you may have a qualifying disability allowing you to take leave or work under modifications. Imagine this requirement did not exist! There would be no way to tell who needed time from those just looking to skip work. This does not mean your employer has the right to your entire medical file or ask private questions. If you feel this has happened, call us and we’ll guide you on what information is necessary.
Decide on the type of leave.
If you are unable to work because of a medical condition or for the care of another, you will have options for the types of medical leaves. The most common leave that large employers offer is FMLA and CFRA. This will allow you up to 12 weeks off while protecting your job. In other words, you are guaranteed your original position while you are away. Most employers do not provide a paid medical leave, so you will next want to consider what benefits are available to you. If you suffered a workplace injury, the laws of workers’ compensation may provide monthly payments. CA also offers disability leave in different forms. One is Family Paid Leave.
There are a lot of moving parts when it comes to dealing with taking time off from work. The most important thing to keep in mind that if your employer takes negative actions against you for doing any of what was discussed here, they may have committed disability discrimination.
Can I be terminated for failing to send a doctor note in on time?
Unfortunately, there is no straight answer. It just depends. The good news is that if it was an honest mistake that was quickly resolved, then the answer is No, they cannot fire you. However, if there is evidence of repeated failures to work with your employer on getting them the necessary information on time, this can be a failure on your part to engage in the interactive process. Ultimately if you are terminated because you did not send a note on time your employer will need to show they acted in good faith and the termination was necessary. Keep in mind this is often a very difficult standard for an employer to prove.
What is considered Wrongful Termination in Los Angeles County?
The situation described above would be a great example of wrongful termination. CA law prohibits terminating employees for reasons that go against public policy. Many courts have held, and many employees have succeeded at trial, that being terminated for failure to send a doctor’s not on a specified date by the employer continued wrongful termination. Similarly, firing an employee for simply reporting an injury at work or seeking a medical leave will also lend similar results and a finding of wrongful termination.
Eldessouky Law: Experienced Wrongful Termination Lawyers in Los Angeles County
At Eldessouky Law, we take great pride in representing employees and residents throughout the city of Los Angeles County. 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 County 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 County
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 County 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 County: 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.
Disability discrimination is never justified
There is no scenario in which it is acceptable for your employer or co-workers to subject you to unlawful behavior on account of a disability. It is always wrong and unlawful to deprive an employee of their legally protected rights or force them out of a job due to a disability.
When disability discrimination occurs, it may be a product of disparate impact or disparate treatment. Disparate impact means that the employer enforces workplace policies that affect a person or group of persons differently due to their disability. Disparate treatment is a result of unlawful behavior that results in unfavorable treatment for a set of employees because of their disability.
No matter the form or declared intent of a workplace policy, it may still have a disproportionately adverse effect on employees with disabilities. Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 354, fn. 20 [100 Cal.Rptr.2d 352, 8 P.3d 1089]. Some of these policies include:
- Refusing regular rest breaks during the work day
- Failing to provide for handicap parking spaces
- Requiring physical activity that may be beyond certain employees
- Policies that prohibit use of support animals at work
When discrimination occurs in this manner, an aggrieved employee can file a complaint or lawsuit for redress. This will require showing:
- That the defendant is an employer or covered entity under the anti-discrimination laws
- That he or she was an employee in the defendant’s company or applied for a job there
- That the defendant had an employment practice or selection policy that had a disproportionate adverse effect on a protected group
- That the he or she is a member of that protected group
- That he or she suffered harm
- That the defendant’s employment practice or selection policy was a substantial factor leading to the harm he or she suffered. California Jury Instructions CACI 2502
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 for discriminatory reasons, you may have a legal case against your employer.
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.
Call our Employment Lawyer in Los Angeles County Today for a Free Consultation
Are you suffering from workplace inequality? We can help you recover. Call us at (714) 409-8991 today for a clearer understanding of your rights.