Who pays your lost wages if your employer denies your leave request in Cerritos?
If your employer in Cerritos wrongly denies your request for medical or family leave, the employer is generally responsible for your lost wages. California law requires employers to provide certain types of leave, and if they violate these laws, you can pursue compensation for the earnings you missed and other damages.
This responsibility extends beyond just your salary; it can also include benefits, bonuses, and other forms of compensation you would have received if the leave had been properly granted. Understanding your rights helps ensure you receive the pay you are due.
Where do you file a leave and accommodations lawsuit in Los Angeles County?
A lawsuit challenging an employer's denial of leave or accommodation in Cerritos is generally filed in the Superior Court of California, County of Los Angeles. Under Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases (effective May 17, 2024), these cases are assigned to the judicial district where the incident occurred.
For Cerritos, this means your case would likely be heard at the Norwalk Courthouse, located at 12720 Norwalk Blvd, Norwalk, CA 90650. If your employer is a public entity, like the City of Cerritos or Los Angeles County, different claim presentation rules apply before you can file a lawsuit.
What should you do after an employer denies your leave request?
- Document Everything: Keep detailed records of your leave request, including dates, names of individuals you spoke with, copies of emails, and any medical certifications or documents you provided. This documentation helps build your case.
- Review Your Employer's Policies: Obtain a copy of your company's leave and accommodation policies. Compare these policies with California and federal laws to see if there is a discrepancy.
- Seek Legal Advice: An attorney can assess your specific situation, explain your rights, and determine the best course of action. This includes whether you have a valid claim for wrongful denial of leave.
- Understand Deadlines: Deadlines for filing claims are strict. For most California personal injury claims, including those for employment-related damages, you have two years to file a lawsuit (Cal. Code Civ. Proc. § 335.1). However, if your claim is against a city, county, or other public agency, you must present a formal claim within six months (Cal. Gov. Code § 911.2) before you can sue.
How long do you have to file a claim for leave and accommodation violations?
Most employment claims in California, including those concerning leave and accommodation violations, must be filed within two years (Cal. Code Civ. Proc. § 335.1). This deadline generally begins from the date of the employer's adverse action, such as the denial of leave.
If your employer is a public entity, such as a city, county, or a public school district in Cerritos, you must present a formal written claim to that entity within six months of the incident (Cal. Gov. Code § 911.2). Failing to meet this six-month deadline for public entities can bar your ability to sue later. The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act.
Under California law, if your employer violates leave and accommodation statutes, you can pursue the full compensation available. This may include lost wages, benefits, emotional distress damages, and, in some cases, punitive damages to punish the employer for egregious conduct.
What types of leave and accommodation issues do we handle in Cerritos?
We represent employees in Cerritos who have faced issues with various types of leave and accommodations. This includes denials of medical leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), which protect your job when you need time off for serious health conditions or to care for family members. We also assist with leave related to pregnancy, childbirth, and bonding with a new child.
Our work also covers situations where employers fail to provide reasonable accommodations for disabilities under the Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA). These laws require employers to make adjustments that allow qualified employees with disabilities to perform their job duties. Additionally, we handle claims involving military leave, protected time off for victims of crime, and other legally mandated absences. You can find more information about leave and accommodations on our main practice page.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we start by listening to your story and carefully reviewing the facts of your employment situation. We explain your legal options and the steps involved in pursuing a claim against your employer. Our team will gather evidence, communicate with your employer on your behalf, and work to resolve your case through negotiation or, if necessary, litigation.
Our focus is on protecting your rights as an employee in Cerritos and seeking the best possible outcome for your situation. We have experience with California and federal employment laws, and we apply that knowledge to advocate for you. We also represent employees in other cities, like Agoura Hills and Compton, facing similar issues.
Frequently Asked Questions
What is the California Family Rights Act (CFRA)?
The California Family Rights Act (CFRA) is a state law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. These reasons include an employee's serious health condition, the serious health condition of a family member, or to bond with a new child. Employers in Cerritos with five or more employees must comply with CFRA.
Can my employer fire me for taking leave in Cerritos?
Your employer generally cannot fire you for taking a protected leave of absence under laws like FMLA or CFRA. These laws provide job protection, meaning you have a right to return to your job or a comparable position after your leave. If your employer retaliates against you, including firing you, for exercising your right to leave, you may have a claim for wrongful termination. For issues related to being fired or your rights as an employee, you can also refer to our page on employee rights in Cerritos.
Do I have to use my vacation time before taking protected leave?
Under California law, employers can sometimes require you to use accrued paid time off, such as vacation or sick leave, concurrently with your protected unpaid leave. However, this depends on the specific type of leave and your employer's policies. It is important to review your employer's guidelines and discuss it with an attorney if you have questions.
How does a lawsuit against a public entity differ from a private employer in Los Angeles County?
If your claim is against a public entity like the City of Cerritos or Los Angeles County, you must file an administrative claim with that entity within six months of the incident (Cal. Gov. Code § 911.2). This administrative claim is a prerequisite to filing a lawsuit. If the public entity rejects your claim, you then have six months from the date of the rejection notice to file a lawsuit in the Superior Court of California, County of Los Angeles, generally at the Norwalk Courthouse. For a private employer, you typically have two years to file a lawsuit (Cal. Code Civ. Proc. § 335.1) and are not subject to the six-month administrative claim requirement.
If you believe your rights to leave or accommodation have been violated by your employer in Cerritos, contact Casa Legal Los Angeles today. Call 888-585-2529 for a consultation. No attorney's fees unless we win — and no case costs either.