Should you tell your employer about your need for leave or accommodations in Industry?
Yes, you should tell your employer about your need for leave or accommodations in Industry. Many California and federal employment laws require you to inform your employer of your need for leave or an accommodation to protect your job and your rights.
Delaying this conversation or failing to provide enough information can weaken your protections under laws like the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the Americans with Disabilities Act (ADA).
How long do you have to bring a claim, and what can California law recover for you?
You generally have two years to file most personal injury and wrongful death claims under California Code of Civil Procedure § 335.1. However, if your claim is against a city, county, or other public agency in California, you must first present a written claim within six months from the date of injury, according to California Government Code § 911.2.
California law allows recovery for several types of harm when an employer violates your rights regarding leave or accommodations. You could recover lost wages, benefits, and emotional distress damages. In some cases, punitive damages might be available to punish particularly egregious employer behavior, as permitted by California Civil Code § 3294(a).
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.
What should you do if your employer denied your leave or accommodation request?
- Document everything. Keep detailed records of when you requested leave or accommodations, who you spoke with, what was discussed, and any responses you received. This includes emails, letters, and notes from conversations.
- Review company policies. Look through your employee handbook or company policy documents to understand your employer's stated policies on leave and accommodations. These policies can confirm what you are entitled to.
- Gather supporting medical information. If your request was based on a medical condition, ensure you have documentation from your healthcare provider. This information should clearly state your need for leave or a specific accommodation.
- Avoid resignation or job abandonment. Do not quit your job or stop showing up for work without first seeking legal advice. Doing so could jeopardize your ability to recover compensation.
- Contact an attorney. An experienced employment lawyer can review your situation, explain your rights, and help you determine the best course of action. This often includes helping you communicate with your employer or filing a formal complaint. For help with these situations, you can explore our resources on Leave and Accommodations.
Where in Los Angeles County does an Industry employment claim get filed?
A claim originating in Industry typically falls under the jurisdiction of the Superior Court of California, County of Los Angeles. Under Los Angeles County Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024, a case from Industry is generally filed in the East District.
Specifically, employment cases from Industry usually go to the Pomona Courthouse South, located at 400 Civic Center Plaza, Pomona, CA 91766. This court handles cases that arise in its designated judicial district.
What types of cases do leave and accommodation attorneys handle in Industry?
Leave and accommodation attorneys in Industry handle a range of cases where employers deny legal rights to employees. This includes wrongful termination after taking protected leave, such as family leave to care for a new child or a sick family member, or medical leave for your own serious health condition. These rights are often protected under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA).
Attorneys also help employees whose employers fail to provide reasonable accommodations for disabilities, as required by the Americans with Disabilities Act (ADA) and California's Fair Employment and Housing Act (FEHA). This might involve requesting modifications to job duties, work schedules, or the work environment to allow an employee with a disability to perform their job.
Other cases involve retaliation claims where an employer punishes an employee for requesting or taking leave, or for asking for an accommodation. This retaliation can take forms like demotion, reduced pay, or negative performance reviews. We serve clients across Los Angeles County, including communities like Agoura Hills and Alhambra, for various types of employment law matters.
We also help with related employment matters, such as wage and hour disputes or addressing executive employment issues.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles starts with a confidential conversation about your situation. We listen to your story, review the facts of your employment, and explain your legal options without judgment.
Our approach involves thorough investigation, gathering evidence, and clear communication with you at every step. We aim to achieve the best possible outcome for your case, whether through negotiation, mediation, or litigation. Our firm concentrates on personal injury and employment law, providing focused advocacy. If your claim involves other employment rights, such as those covered by our Industry employee rights attorneys, we can address those as well.
Frequently Asked Questions
What is "reasonable accommodation" for a disability?
Reasonable accommodation refers to changes or adjustments to a job, work environment, or the way things are usually done that allow an individual with a disability to apply for a job, perform essential job functions, or enjoy equal employment opportunities. Examples include modified work schedules, reassignment to a vacant position, or providing assistive technology. Employers must provide reasonable accommodations unless doing so would cause an undue hardship.
Can my employer fire me while I am on FMLA leave?
No, your employer cannot generally fire you while you are on FMLA leave, nor can they fire you for taking FMLA leave. The Family and Medical Leave Act (FMLA) protects your job, meaning your employer must restore you to your same or an equivalent position after your leave. However, if your employer can prove they would have fired you for a legitimate, non-discriminatory reason unrelated to your FMLA leave—for example, if your position was eliminated due to a company-wide layoff—then your termination might be legal. Otherwise, firing someone during FMLA leave or because of it is a violation of federal law.
What if my employer denies my leave request without a good reason?
If your employer denies your leave request without a legally valid reason, especially if it is for a protected purpose like FMLA or CFRA leave, you may have a claim for unlawful denial of leave. Protected leave typically covers your own serious health condition, caring for a family member, or bonding with a new child. Gathering all documentation related to your request and the denial is important, as is seeking legal advice promptly. Employees in other nearby areas such as Azusa and Compton also face these types of issues.
What is the deadline for filing a claim against a public entity in Industry?
The deadline for filing a claim against a public entity in Industry, such as a city agency or county department, is much shorter than for claims against private employers. You must present a formal written claim to the public entity within six months from the date the cause of action accrued, as mandated by California Government Code § 911.2. Failure to meet this deadline can result in the permanent loss of your right to sue that public entity.
If you believe your employer has violated your rights regarding leave or accommodations, contact Casa Legal Los Angeles at 888-585-2529. No attorney's fees unless we win — and no case costs either.