In California, employees are protected by numerous laws. The state recognizes that employees are more than simply employees; their families and health are of great importance in addition to their work lives. In light of this, eligible employees are guaranteed time and space away from work when necessary, without the looming fear of losing their jobs. An East Los Angeles FMLA lawyer can explain your rights and help you assert them.
However, even though there are such laws in place, it can be difficult to know for sure if you qualify. It can also be challenging to navigate your relationship with an employer who does not agree with or respect your decision to act on your leave rights. This is another way in which an employment lawyer can aid you, as they know how to legally fight for and defend your rights.
In California, FMLA laws are in place to protect employees from being discriminated against or harassed because they need time away from work for specific personal reasons. These are outlined in the California Family Rights Act. Specific scenarios it protects include the following:
The goal of the CFRA is to protect your job from being significantly changed or taken away from you, especially as a form of punishment for choosing to take leave.
There are various reasons why a person may be granted leave, according to the CFRA. This state-level act grants up to 12 weeks of unpaid leave in specific situations, as stated above.
To qualify for protection of your job under CFRA law, you must meet a few requirements. These include:
Additionally, the CFRA protects employees from any form of discrimination or harassment from their employers concerning their leave. This may come in many forms, such as:
If your employer has attempted to intimidate you in East Los Angeles into not applying for the leave you are entitled to or punished you for taking leave, you could take legal action against them. The purpose of the CFRA is to protect your job and your status within the workplace while you are away on necessary leave. If this is not upheld, your employer could face legal consequences.
If this is your situation, contact an attorney as soon as possible. These cases can be time-sensitive, so the sooner you take action, the sooner your employer can be held accountable for their wrongdoing.
Cases are handled on a contingency fee basis, meaning we only get paid after you do. Consultations/communications can be virtual if preferred.
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A person may be denied CFRA leave if their circumstances do not meet the required eligibility standards. You must meet various requirements, including having worked for the company for a certain amount of time and having logged a certain number of hours per year. However, if the necessary requirements are met, a person cannot be denied CFRA leave. A lawyer who is familiar with such cases can determine if you are eligible.
There are a variety of ways in which an employer may harass an employee who has chosen or attempted to take CFRA leave. One way is by sharing an employee’s plan to take leave with other employees in the workplace without their consent. Another form of harassment may be intimidating the employee by threatening to impose harsher workloads upon their return to work. They might also insinuate that their job would not be available to them after their leave.
Deciding whether to tell your employer that you have an attorney depends on your situation. If your employer is questioning your leave request or pressuring you to forgo your rights, having legal representation can help protect you. However, you are not required to disclose this information right away. An East Los Angeles FMLA lawyer can guide you on when and how to communicate with your employer while ensuring your rights remain protected.
One of the purposes of CFRA is to protect employees who need time away from work for family or medical reasons. This means you cannot be disciplined for using CFRA leave time. Discrimination against employees implementing CFRA leave is what the act itself protects them from. However, employers may discipline an employee on CFRA leave if they would have disciplined them anyway, regardless of their leave status, such as for violating company protocol.
Anyone seeking CFRA leave likely has enough to deal with already. If you are trying to obtain CFRA leave or experiencing harassment or discipline as a result of taking CFRA leave, contacting a lawyer can be very beneficial. There are many strict state laws protecting your necessary leave time, such as the California Family Rights Act. A lawyer who is familiar with these can support and defend your rights.
Whether you are already in the process of pursuing CFRA leave or curious about your possibilities of qualifying for it, a lawyer can guide you. At the Shirazi Law Firm, PC, we have years of experience in protecting employees’ rights. Contact us today to learn more about your rights and how we can aid you during this time.