When handling matters of employment issues and labor disputes, it is always best to seek the counsel of an experienced employment law attorney.
The Lake Forest employment law lawyers at Eldessouky Law have the experience and knowledge necessary to help you protect your legal rights and interests. Our attorneys are well-versed in all areas of employment law, including discrimination, sexual harassment, wrongful termination, and wage and hour laws.
Every worker deserves a workplace that is safe and free from unlawful conditions. Attorney Mohamed Eldessouky works tirelessly to ensure that workers in Lake Forest and throughout CA are aware of their rights. Mr Eldessouky has represented several Lake Forest employees and has helped them enforce their rights at the Lake Forest Courthouse. Illegal conduct at work is unjustifiable, no matter how it occurs. Any worker that has had their employment rights violated can find legal guidance and representation at Eldessouky Law.
California laws are clear on how they protect the rights of employees. It is illegal for any employer to expose their workers to unsafe or unfair workplace conditions. No worker should be made to endure workplace discrimination or wage and hour violations.
If you have questions about your rights as an employee in California or wish to discuss your case confidentially with one of our experienced California employment attorneys, contact our office at 714-409-8991 or fill out one of our contact forms online.
Reasonable Accommodation in California
Under California law, reasonable accommodation means the responsibility of an employer to provide assistance to disabled employees. Sometimes, an employee may get injured and the injury may require certain work restrictions. The law requires your employer to see how they can help you perform your job effectively once they see that you may require accommodation. The purpose of this accommodation it to enable you perform the essential duties of your job or even allow you enjoy the same benefits as other employees.
Your employer does not have an obligation to provide these at a loss though. The accommodation should be reasonable, meaning it should not put your employer under undue hardship. Some examples of reasonable accommodation include:
- Building ramps or rails that make the workplace more accessible to employees with disabilities
- Reassigning such employees to positions where they can perform effectively
- Allowing the use of stress-relief or coping mechanisms at work
- Changing work schedules or job responsibilities to accommodate a disabled employee
- Allowing an employee to go on leave in order to fully recover from a medical condition
Can I Be Terminated After Undergoing Cancer Treatment?
This would depend on the circumstances of your termination and whether your employer followed the law. In most cases, an employer cannot fire a worker simply because they are suffering from adisability or medical condition. For instance, your employer cannot fire you:
- For requesting leave in order to recover from a medical condition
- While you are still on approved leave
- For requesting an extension to your leave under the FMLA or CFRA
- For requesting accommodation to help you perform the essential duties of your job
In addition, your employer cannot give out your job while you are on leave. They must preserve your employment and receive you into either the same position or an equivalent position. If you suspect your rights have been violated, contact our Lake Forest disability discrimination attorney immediately.
Wrongful Termination Attorneys in Lake Forest, CA
At Eldessouky Law, our commitment to protecting the rights of workers in Lake Forest, CA is unmatched throughout California. Our employment law attorney provides unmatched legal representation for the workers in this city and helps them enforce their rights.
It is terribly unfair when an employer terminates an employee for no reason other than they suffered a disability. California laws require employers to at least engage in a discussion to see how they can help the employee do their job. They should also provide reasonable accommodation where possible.
If your employer failed in their obligations towards you, Eldessouky Law will pursue them on your behalf for the wrong done to you.
Top Employers in Lake Forest
Lake Forest, CA is home to almost 80,000 residents who work hard to enjoy the lifestyle this city provides. The city is home to many popular businesses including Oakley Inc. and Del Taco.
Some of the largest employers in Lake Forest, CA include:
- Oakley: 2,400
- Panasonic Avionics Corporation: 2,370
- loanDepot: 680
- Invensys: 547
- Apria Healthcare: 367
- Spectrum Brands: 362
- The Home Depot: 340
- Walmart: 300
- Wet Seal: 275
- Saddleback Valley Unified School District: 209
- Dynacast: 188
- Sole Technology: 130
The opportunities these businesses provide does not absolve them of their responsibility to employees. Every California worker deserves a workplace that is safe and free from hostility, with fair and just compensation for their work.
If your employer is violating your rights by depriving you of statutorily minimum pay or rest and break periods, you have a right to redress. Our employment law attorney in Lake Forest will help you enforce your rights and hold your employer accountable.
We Handle a Variety of Legal Claims
Our focus at Eldessouky Law is on advocating for the rights of workers in Lake Forest 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 help.
We provide employment law assistance and representation in Lake Forest in the following practice areas:
- Hostile work environment
- Severance agreements, terms, and enforcement
- Sexual harassment
- Wage and hour cases, including overtime pay discrepancy claims
- Wrongful termination, including retaliation cases, including whistleblower claims
If you are being made to endure unlawful conduct at work, you may be able to file a claim for compensation. Speak to our Lake Forest disability discrimination attorney to understand your rights and how to proceed against your employer.
What Amounts to Disability Under the Law?
Both the Americans with Disabilities Act and California’s Fair Employment and Housing Act protect employees with disabilities. Usually, the first step in determining if you are protected under these laws is to see if you have a qualifying disability.
Under FEHA, a person suffers from a disability if they have a qualifying medical condition, or a mental or physical disability. Sometimes, the disability may be required to be one that limits the person’s ability to perform a major life activity. Gov. Code, § 12926(i).
But this is not in all cases. For instance, if the disability relates to a medical or health condition, there is no requirement that the condition limit a major life activity. Gov. Code, § 12926(j), (m). For conditions of this nature, it is enough to show that you suffer from a qualifying medical condition. This may include disabilities that relate to:
- Cancer or any condition associated with cancer
- Genetic characteristics like Lou Gehrig’s disease or heart disease
Although, where it is necessary to show that a medical condition limits major life activity, it may not be difficult to show this. Major life activities include working, movement and speech. So, you may qualify where it is clear that your disability makes it harder or impossible for you to do your job as you normally would.
What Happens if My Employer Fails to Provide Reasonable Accommodation?
An employer is required to begin a discussion to see how they can provide accommodation if they see that an employee is disabled. They should not only start a discussion but also actively consider various ways in which an accommodation may be provided.
If an employer fails to do this, they may be open to a lawsuit for failure to provide reasonable accommodation. They should, for instance, let the employee know if there are other suitable job opportunities that the employee can perform and is qualified for.
If there is a vacant position in the workplace, the disabled employee should be considered first if it is a job they can reasonably do. Swanson v. Morongo Unified School Dist. (2014) 232 Cal.App.4th 954, 969 [181 Cal.Rptr.3d 553]. If it is possible to restructure the work schedule, change around the responsibilities a bit or provide a different job, they should consider this.
If you are in this position and your employer did not make this consideration in good faith, you may have a claim against them. Contact our Lake Forest disability discrimination attorneys to learn more about your rights.
Schedule a Free Consultation with Eldessouky Law
Our employment law attorneys can help you understand how your rights have been affected and how to enforce them against your employer. Call us at 714-409-8991 to schedule a free consultation today.