San Diego Retaliation for Taking Leave Lawyer
No one wants a sickness or injury to keep them from work. But, unfortunately, almost everyone needs to take leave at some point. California employees should be confident they can take their paid sick time or unpaid leave without the threat of retaliation from their employers.
California has strong employee protections, including prohibitions against employer retaliation for employee leave. Ferraro Vega San Diego Employment Lawyers works to protect the rights of victims of employment discrimination and employer retaliation. Our San Diego retaliation for taking leave lawyers have extensive experience handling disputes related to protected leave and paid sick leave.
If you have been subject to retaliation after taking sick leave, you may be entitled to compensation. Ferraro Vega San Diego Employment Lawyers can help you get it. Contact our law firm at (619) 693-7727 to schedule a free consultation with one of our employment law attorneys in San Diego, CA.
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How Our San Diego Employment Law Attorneys Can Help with Your Employer Retaliation Claim?
Employer retaliation can be difficult to prove. Your employer will almost certainly point to alternative reasons for their conduct related to your sick leave. They may even claim they took adverse action against you due to your work performance.
Don’t try to go it alone after suffering retaliation in San Diego, California. You need an experienced San Diego retaliation for taking leave lawyer to help you show the connection between your employers’ actions and your decision to take sick leave.
At Ferraro Vega, our lawyers devote their entire practice to fighting employer retaliation, discrimination, wage and hour disputes, and other employment law violations. We have been recognized by some of the most well-respected organizations in the legal industry, including Avvo, Super Lawyers, Best Lawyers, and Expertise.
When you hire Ferraro Vega San Diego Employment Lawyers, you can expect us to:
- Listen to what happened to you and explain your legal options
- Investigate the circumstances surrounding your termination or adverse employment action to gather evidence
- Subpoena documents, interview witnesses, obtain employment records, etc.
- File notices of claims and complaints to protect your right to pursue all legal avenues
- Calculate the value of your damages to demand maximum compensation for an employer retaliation claim
- Pursue all legal avenues through government agencies and courts
You don’t deserve to face punishment at work for taking sick leave. Contact our office to discuss your case with an employment lawyer in San Diego.
What Laws Protect Family and Sick Leave in California?
California’s Healthy Workplace Healthy Family Act of 2014 requires California employers to provide employees with paid sick leave based on the number of hours they’ve worked. Under the law, employees earn one paid hour of sick leave for every 30 work hours. The law covers most employees in California.
An employer can cap the number of paid sick leave hours to 24 hours per year. If the employee rolls over unused paid sick leave, the cap for the next year increases to 48 hours.
In addition to the state paid sick leave law, several cities throughout California have enacted sick leave laws. The laws apply to employees working within the city limits.
For example, employees within the city limits of San Diego earn one hour of sick leave for every 30 hours worked. However, they may accrue up to 80 hours of paid sick leave. In addition, the city may set restrictions that do not violate state law.
In addition to paid sick leave, employees may take unpaid family medical leave under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). Depending on your situation, leave from work may be protected under additional state and federal laws.
Examples of Employer retaliation for Paid Sick Leave
Most employers know they must grant protected leave to employees. They know they could face severe penalties for denying sick leave, family leave, and other protected forms of leave. However, employers still frequently retaliate against employees who take leave.
Examples of employer retaliation against an employee for taking leave include, but are not limited to:
- Wrongful termination
- Sexual harassment
- Decrease in pay
- Transfer to a less desirable department or job
- Less favorable work schedule
- Refusal to grant an earned promotion
- Loss of benefits
- Letter of reprimand or negative memos in an employee’s file
Being the victim of retaliatory termination or adverse action for taking paid leave can have devastating consequences for the employee, including significant lost income.
After being subject to retaliation, wronged employees may file a complaint with the California Department of Fair Employment and Housing or the Wage & Hour Division of the U.S. Department of Labor. They may also pursue a civil lawsuit, which may provide additional compensation for losses after the adverse employment action.
What Should You Do if You Need to Take Medical Leave from Work?
Follow your employer’s procedures for requesting leave. Check your eligibility for leave. The eligibility for paid sick leave and other types of medical or family leave differ depending on the law. Submit the request for approval. Keep copies of all documentation related to your leave request.
If your employer denies your leave, obtain a written denial that includes the reason for the denial. You can then file a complaint with the appropriate government agency or talk with a San Diego employment attorney.
Schedule a Free Consultation With Our San Diego Retaliation Lawyers
The laws governing employee sick leave can be confusing. Federal, state, and/or local employment laws could apply in your case. Our San Diego employment lawyers analyze your case to determine the best approach for your case.
We won’t allow your employer to bully you for taking sick leave to which you’re entitled under the law. Please reach out to our law office by phone or online to speak with a member of our legal team. Your initial consultation with a San Diego retaliation for taking leave lawyer is confidential and free.