Dealing with a severe illness is stressful, especially when your employer is making your life even more difficult by discriminating against you at work. If you are the victim of unfair employer actions due to your medical condition, you may be entitled to compensation.
I am Karl A. Gerber, founder and lead trial attorney of the Employment Lawyers Group. Our attorneys have extensive experience helping employees who have experienced discrimination due to cancer, AIDS, diabetes and other serious medical conditions. Contact us to discuss your case.
In Southern California, we have offices in Sherman Oaks, Los Angeles, Gardena, Tustin, San Diego, Oxnard, and Bakersfield. In Northern California we have employee labor law offices in Sacramento, San Francisco, and San Jose. We handle cases in all parts of California.
In California, disabled employees enjoy broad protections under the Fair Employment and Housing Act (FEHA), the Family and Medical Leave Act (FMLA), the Americans With Disabilities Act (ADA) and possibly the California Family Rights Act (CFRA).
If you qualify, under the CFRA and the FMLA, you can take up to 12 weeks of leave in a 12-month period to deal with health issues. You may be able to take additional leave if you are disabled. Since your company's human resources department may not be aware of the law, it is best to consult an experienced employment law attorney to determine your rights. Determining which leave law applies is a question for an experience leave of absence attorney.
If you have medical restrictions due to your medical condition, your employer is required to honor those restrictions. If your condition qualifies as a disability under the Department of Fair Employment and Housing or the Family and Medical Leave Act, your employer is required to make reasonable accommodations that would allow you to perform your essential job functions.
Failing to hire you
Demoting or transferring you
Reducing your hours
Failing to accommodate your medical conditions and/or treatment
Giving you a false, poor work evaluation
Failing to reinstate the employee following a leave of absence
We have won many jury trials involving disabilities and pregnancy discrimination. Likewise we have won binding arbitrations involving Family Medical Leave Act issues. We have also settled lawsuits for employees going through cancer treatment. One recent settlement resulted in the employee receiving compensation of more than seven years of her normal salary. Another settlement for an employee suffering from cancer resulted in her restoration of disability insurance benefits worth hundreds of thousands of dollars and additional monetary compensation.
To speak to a Los Angeles medical discrimination attorney, call 877-525-0700 toll free. Only an attorney experienced in this area can properly advise you which laws apply. We handle all cases on a contingency fee basis with no upfront costs. Se habla español.