One should never have to choose between caring for a sick relative and keeping their job. Fortunately the law has protections in place so that an employee is not forced to make such a choice. California and federal laws require that an employer accommodate an employee whose loved one’s are facing illness or other serious medical issues. If an employee follows the requirements of the law, and the employer violates their responsibilities, then the employee has recourse. Our Santa Ana labor attorneys assist with family medical leave issues throughout Orange County. Contact our office today to speak with a lawyer.
Santa Ana lawyers handling FMLA and CFRA violations in Anaheim, Irvine, and the rest of Orange County
California residents are protected if they need to miss work to deal with a serious family illness or medical issue. Workers receive federal protection under the Family Medical Leave Act (FMLA) and state protection under the California Family Rights Act (CFRA). If one has been employed by a covered employer for at least twelve months then they are protected by these laws. These protections allow one to take up to twelve weeks a year off for a serious health condition of the employee, the care of a spouse, child, or parent who has a serious health condition, the birth of a child, or the adoption of a child. At the end of one’s leave they are generally entitled to return to a position and pay scale which is the same or similar as to what was in place when they left. One who is terminated, or not given an opportunity to return, may recover damages from the employer.
Cases stemming from a CFRA violation typically begin with an investigation by the California Department of Fair Housing and Employment. If that agency does not resolve the matter then the employee will be able to initiate a lawsuit. If an employer is found to have violated the law then the company may be responsible for lost pay, attorney’s fees, and other damages such as costs incurred by the employee to find a new job. The process of litigating such a matter can be complicated and it is urged that you contact an attorney to help you in such matters.
Our Santa Ana family medical leave lawyers assist Orange County residents who have been treated unfairly by their employer. Our attorneys will use your initial consultation to determine whether you followed the correct procedures when taking your leave. If you followed all the requirements, and were not offered your position back, then we will assist you in dealing with the Department of Fair Housing and Employment. If litigation becomes necessary then we will file your Complaint with the District Court. Once the case is filed our firm will use discovery, the process by which information is obtained from the other side, to gain evidence showing that you could have been provided a position similar to the one you left. We will ensure that you are prepared for trial and our firm will present evidence to the jury as to the extent of your damages. We understand that few things are as serious as one’s job and their family. We will take your case seriously. Contact us today.
Our attorneys also service Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Tustin, Westminster, and Yorba Linda.
Labor law attorneys providing quality service to Orange County residents in family medical leave cases
Few things are as insulting as not being shown respect by your employer. When that lack of respect stems from a matter involving one’s family then the offense is even greater. Our labor law attorneys strive to provide quality service to Orange County residents facing such situations. We will promptly return your phone calls, quickly respond to emails, and make ourselves available to answer your questions. Our firm is built on the idea that everyone is entitled to the highest level respect and this is the approach we take in each and every case.