What happens if your El Segundo employer denies your legally protected leave?
If your El Segundo employer denies your request for medical leave, family leave, or an accommodation for a disability, you might lose your job, face disciplinary action, or endure a hostile work environment. California and federal laws provide specific protections for workers who need time off for health issues, family care, or who require workplace adjustments due to a disability. Your employer must engage in an interactive process to determine reasonable accommodations and cannot retaliate against you for exercising these rights.
How long do you have to sue your employer and what can you recover?
Most claims regarding employer leave and accommodation denials have specific deadlines. Generally, you have two years to file a personal injury claim under California Code of Civil Procedure § 335.1, which can apply to certain employment-related injuries. However, claims against a city, county, or public agency, such as the City of El Segundo, must be presented within six months, as specified by Government Code § 911.2, before a lawsuit can even begin. These deadlines have exceptions, and you should confirm what applies to your specific facts with an attorney.
If you are a minor, the deadline for filing a claim is generally paused under Code of Civil Procedure § 352, but that pause does not apply to claims against public entities. What you can recover depends on the specifics of your case. California law allows for recovery of economic damages like lost wages and benefits, as well as non-economic damages for emotional distress. In some cases, punitive damages might also be available if the employer's conduct was particularly egregious. However, the law does not allow for recovery of a deceased person's pain and suffering for survival actions filed on or after January 1, 2026, under Code of Civil Procedure § 377.34.
What kinds of cases do El Segundo leave and accommodation attorneys handle?
Our firm handles a wide range of employment cases for El Segundo workers involving leave and accommodations. This includes claims related to the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and pregnancy disability leave. We also represent employees facing discrimination due to a disability under the Americans with Disabilities Act (ADA) or California's Fair Employment and Housing Act (FEHA), which require employers to provide reasonable accommodations. This area of law also covers situations where an employer retaliates against an employee for requesting or taking leave, or for requesting a reasonable accommodation. To learn more about employment rights, you can visit our employment law hub.
Where do El Segundo leave and accommodation claims get filed?
El Segundo is located in Los Angeles County, so claims generally fall under the jurisdiction of the Superior Court of California, County of Los Angeles. In Los Angeles County, a personal injury case, which can include certain employment claims, is filed in the judicial district where the incident occurred. Your case would typically be assigned to the Torrance Courthouse, located at 825 Maple Ave, Torrance, CA 90503, as part of the Southwest District's Personal Injury Hub department. This filing rule is set by Los Angeles Superior Court Local Rule 2.3 and the General Order regarding Assignment and Transfer of Personal Injury Cases, effective May 17, 2024. Claims against a public entity like the City of El Segundo or Los Angeles County would first need to follow the government claim procedure before a lawsuit can be filed.
What should you do after an employer denies your leave or accommodation?
- Document everything: Keep detailed records of your leave requests, accommodation requests, any denial letters, emails, or conversations. Note dates, times, names of individuals involved, and what was said.
- Review company policies: Look at your employee handbook or company policies regarding leave and accommodations. This can help you understand your employer's stated procedures.
- Seek medical documentation: Ensure you have comprehensive medical documentation supporting your need for leave or accommodation. This strengthens your position if your employer challenges your request.
- Do not delay: Deadlines for filing claims are strict. Contact an attorney right away to discuss your situation and understand your legal options before valuable time runs out.
What is it like to work with Casa Legal Los Angeles?
When you work with Casa Legal Los Angeles, we start by listening to your story and understanding the specifics of your situation. We explain your rights under California and federal leave and accommodation laws, such as those protecting employees in Compton or Alhambra. We gather all necessary documents, including your employment records, medical certificates, and communications with your employer. We handle all communications with your employer, including negotiations for a fair resolution. Our goal is to protect your job, your rights, and pursue the full compensation available under California law for any harm suffered. We also assist with other employment matters, such as severance agreements or general employee rights concerns.
Frequently Asked Questions
What is the difference between FMLA and CFRA leave in California?
The Family and Medical Leave Act (FMLA) is a federal law, and the California Family Rights Act (CFRA) is a state law, both providing similar protections for eligible employees to take unpaid, job-protected leave for specific family and medical reasons. While there is significant overlap, CFRA sometimes covers more employees or broader reasons for leave, such as caring for a broader range of family members. Both laws prohibit employers from retaliating against an employee for taking protected leave. Understanding which law applies to your situation is crucial.
Can my employer deny my request for a reasonable accommodation for a disability?
An employer in El Segundo can only deny a request for a reasonable accommodation if doing so would cause an "undue hardship" to the business, meaning significant difficulty or expense. They must first engage in an "interactive process" with you to explore possible accommodations. If a proposed accommodation is not feasible, the employer must explore alternatives. It is unlawful for an employer to deny an accommodation without this good-faith effort or if a reasonable accommodation exists that would not cause undue hardship.
What if I believe my employer retaliated against me for taking leave?
If you believe your El Segundo employer took adverse action against you, like demotion or termination, because you requested or took a legally protected leave, you may have a retaliation claim. Both federal and state laws, including FMLA and CFRA, explicitly prohibit retaliation. Proving retaliation requires demonstrating a connection between your protected activity (taking leave) and the negative employment action. Documenting the timeline of events and any communications from your employer is important.
Do I have to file a government claim if my employer is a public entity in El Segundo?
Yes, if your employer is a public entity, such as the City of El Segundo, Los Angeles County, or a state agency, you generally must file a formal government claim before you can sue them in court. This claim must be presented within six months of the incident that caused you harm, as per Government Code § 911.2. Failure to meet this strict deadline can permanently bar your ability to pursue a lawsuit, even if your underlying claim is strong. This six-month deadline is not paused for minors, unlike other personal injury claims.
A denied leave or accommodation request can turn your work life upside down. Contact us at 888-585-2529 to discuss your rights. No attorney's fees unless we win — and no case costs either.