Disability Discrimination

California law defines the concept of disability broadly. Essentially, if a physical or mental condition limits at least one major life activity, that impairment qualifies as a disability for the purposes of employment. An impairment that is temporary, such as an injury sustained in a car accident that is expected to heal over time, may also be classified as a disability, provided that the impairment is severe. Per the Americans with Disabilities Act, employers are prohibited from discriminating against workers with disabilities in hiring, access to the opportunities and benefits of employment, promotions, compensation and benefits, termination, etc. Also, per the ADA, employers must grant workers with disabilities reasonable accommodations unless accommodating these requests would cause any given employer’s operations undue harm.

If you’ve been denied a reasonable accommodation request or have otherwise been discriminated against in an employment context due to a disability, please connect with our firm to explore your options. You may be entitled to receive your reasonable accommodation, compensation as a result of the harm you have suffered, and/or other forms of legal recourse at this time.

Harassment in the Workplace

Several different laws, including Title VII of the Civil Rights Act of 1964, safeguard employees against harassment in the workplace. Harassment is usually defined as ongoing conduct. For a single, isolated incident to be considered unlawful workplace harassment, that incident must have been unusually serious in nature. Harassment is generally defined as unwelcome conduct that – to reasonable people – creates a work environment that is hostile, offensive, or otherwise intimidating. The harassment itself must be targeted towards a worker’s protected classification or must be exercised in retaliation for a worker’s engagement in legally protected activity. Workplace harassment claims and hostile work environment claims are similar but distinguishable under certain circumstances.

Hostile Work Environment

A hostile work environment may be created when unlawfully discriminatory or retaliatory conduct makes it difficult or impossible for an employee to perform their job-related duties. “Hostile work environment” is a legal term that extends beyond a work environment that is stressful or unwelcoming. Most hostile work environment claims filed in California are grounded in the legal protections afforded to workers by California’s Fair Employment and Housing Act. To prevail under FEHA, a hostile work environment claim must be filed by a member of a protected class. This means that an individual must be experiencing discrimination or retaliation due to their gender, sex, age, disability, religion, race, national origin, genetics, sexual orientation, or other protected classification. The discrimination or retaliation in question must manifest as unwelcome conduct resulting from the worker’s protected characteristics and either must be so severe or pervasive as to create an abusive environment.

Note that if a hostile work environment compels an individual to quit their job, they may be entitled to constructive damages as a result of the harm that they have suffered. If you are unsure of whether your situation “rises to the level” of a hostile work environment as defined by law, that’s okay. We’ll objectively assess your situation during your consultation and advise you of your legal options accordingly.

Leave of Absence

The law respects the fact that workers cannot be expected to remain on the job regardless of personal circumstance. There are, therefore, legally protected reasons that workers may take a leave of absence without fearing for their job security and without fearing that they will be retaliated against for spending time “off the clock.” For example, the Family Medical Leave Act and the California Family Rights Act allow workers to take specific periods of protected leave in the event that they need to recover from illness or injury, take care of loved ones who are ill or injured, care for newly adopted or newly born children, etc. The Uniformed Services Employment and Reemployment Rights Act protects the right of those who need to leave civilian employment positions temporarily to serve in the armed forces. A number of additional federal and state laws provide for legally-protected leave so that workers can vote, serve on juries, grieve recently lost loved ones, and otherwise take time off work without sacrificing their job security.

If you have either been retaliated against for taking a legally-protected leave of absence or you have been denied a legitimate leave of absence request, please connect with our firm today. You may be entitled to compensation and/or alternative opportunities for legal recourse, including respect for your legitimate leave of absence needs.

Pay and Compensation Discrimination

California law guards against pay discrimination and compensation inequity on the basis of gender, race, and national origin. If you are being paid less and/or are receiving less valuable benefits than a coworker is, despite the fact that you engage in substantially similar work (as defined by exercise of similar skill, responsibilities, and experience), you may have grounds to file a pay and compensation discrimination claim under state law.

Similarly, you may have grounds to file a wage and hour claim if you have been misclassified (intentionally or unintentionally) as an independent contractor when you should be rightfully classified as an employee and extended all the benefits and protections afforded to employees under the law. Finally, if you are being denied overtime compensation, the minimum wages you are owed under state and local law, and/or are being denied rest periods safeguarded by law, our legal team may be able to secure you a significant amount of compensation owed as a result of the harm you’re suffering. Whether you’re a documented worker or an undocumented worker, an executive or a part-time entry-level employee, your rights are safeguarded under the law for good reasons. Don’t suffer in silence and don’t accept less than you are owed. Speak with our legal team today in a confidential, cost-free consultation setting to learn more about your rights and options.

Severance Agreements

A severance agreement is a contract that is offered to an employee who is being terminated – for whatever reason – by an employer. California law doesn’t require employers to offer severance agreements (sometimes referred to as separation agreements) to employees who are being terminated. If employers choose to offer them, however, these contracts must be constructed in specific ways. If a severance agreement requires an employee to give up certain protected rights or fails to offer that employee “consideration” in exchange for giving up rights that may be lawfully surrendered, that agreement may be deemed unenforceable.

If you have been offered a severance agreement after being served notice that your employment is being terminated, you likely only have a few days to consider this offer before you’ll need to sign it or reject it. Before you commit to a plan of action either way, it is important that you allow an experienced employment attorney to review the contract. Chances are high that in exchange for any compensation and/or benefits offered, you’ll surrender your right to sue your employer for wrongful termination if you accept the terms of the severance agreement. You won’t want to sign away these rights if the terms of the contract are unfair to you and/or if you’re being offered an unfair amount of compensation under the circumstances. Allowing our firm to review your contract before you sign it will better ensure that you can make an informed decision about accepting or rejecting this offer at this time.

Wrongful Termination

Whether you are classified as an “at-will” employee or you cannot be involuntarily terminated without “just cause,” your employer is not permitted to lay you off or subject you to discharge for unlawful reasons. Too often, workers are under the impression that their job security rests solely on the mercy of their employers. However, federal, state, and local laws prohibit the termination of employees for reasons that are unlawfully discriminatory or retaliatory. Similarly, the law safeguards against the creation of work environments so hostile that they leave workers feeling compelled to quit.

If you have recently lost your job or have been compelled to quit due to mistreatment, schedule a free, confidential consultation with our legal team today to review your options. If you have been offered a severance agreement, do not sign away your rights to sue your employer for wrongful termination until you know whether you may have strong grounds for a claim. In the event that you do, you may be entitled to far more compensation than is being offered within the terms of your settlement agreement.

Mohamed Eldessouky

Principal Owner & Lead Litigator

Mr. Eldessouky, founder, attorney, and litigator, is your partner in court. 

Mr. Eldessouky has served as a lead trial attorney on several cases resulting in excess of seven-figure verdicts awarded to his clients and is no stranger to the courtroom.

Mr. Eldessouky has successfully completed several trial academies and prides himself on being a litigator who will see cases through verdict. While not all cases require a jury trial to find success, Mr. Eldessouky’s aggressive ability to go any legal distance necessary to provide a victory for his clients helps set him apart from other attorneys in California employment law.

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