Costa Mesa Cancer Leave Discrimination Attorney

If you have experienced discrimination in the workplace due to taking cancer leave, you may be able to receive compensation and legal justice in various forms. A Costa Mesa cancer leave discrimination attorney can assess your case to determine whether you may qualify for filing a claim. If so, they can assist you in taking the first steps in filing and continue to help you through each step of the way.

Individuals who have been diagnosed with cancer will likely need some form of leave from work. Cancer diagnoses often involve extensive treatment programs that require time away from work to receive the treatment, rest, and recover. There are both state and federal laws in place that have the goal of protecting employees so that they can take the time they need to tend to their health.

The National Library of Medicine reports that 16% of interviewed individuals with cancer reported switching to a less demanding or part-time job or work schedule, while 27% retired early. This exemplifies that there are many forms of alternative scheduling that an employee may take when and after receiving a cancer diagnosis. In the state of California, there are multiple laws in place protecting employees who become sick.

California state law, under the California Family Rights Act, protects employees who need job security while taking medical leave for a period of time. This also extends to employees who need to care for a family member with a serious medical condition. Whether or not you are paid for your leave time is between you and your employer. There are also some cases in which state law may protect your right to be paid while taking medical leave.

The California Family Rights Act is a state law that protects employees with a serious health condition from losing their job or position at work because of their health concerns. In order to qualify, an employee must have been working for their employer for one year or more and have 1,250 hours of service in the past year. Their employer must also have more than five employees.

This law defines a serious health condition as any condition, physical or mental, in which an individual requires ongoing treatment from a healthcare provider. Those whose conditions impair their abilities to function in everyday life may also qualify. Employees are required to give their employers 30 days’ notice, when possible, before needing to begin their leave time, even though they are not required to take all leave time consecutively.

The California Employment Counsel, APC, is a great option to consider when searching for an attorney to handle your employment discrimination case. When you hire a cancer leave discrimination attorney, you can rest assured that you will no longer be primarily in charge of jumping through all the many legal hoops.

Located conveniently for Costa Mesa residents at 555 Anton Blvd, Suite 150, Costa Mesa, CA 92626, we are here to help in any way we can. Our team has multiple decades of combined experience handling employment cases. Our office is passionate about representing individuals like you who are fighting discrimination cases in the workplace.

Q: What Does Workplace Cancer Discrimination Look Like? 

A: Discrimination due to cancer in workplace environments can look different for everyone. Some examples include being refused a promotion due to your health condition, harassment from other employees regarding your cancer, demoting or firing you, refusing to provide reasonable accommodations for you, and more. An experienced lawyer can assess your case to help you determine what the next steps may be helpful.

Q: How Does Cancer Discrimination Affect Employees at Work? 

A: A study reported by the National Library of Medicine stated that 47.4% of employees who had a history of cancer reported employment disruptions, which may have included taking extended time away from work, receiving demotions, being given part-time or less demanding positions, and more. Such actions can affect an employee’s ability to work efficiently.

Q: How Do I File a Claim? 

A: There are multiple steps to filing a claim for discrimination in the workplace. Initially, you may contact the Department of Fair Employment and Housing. On their website, there is a pre-complaint inquiry form that you can fill out to begin the process. At any point during this time, it can also be beneficial to reach out to a lawyer, who can assess the details of your case and help you determine which next steps to take.

Q: Can I Receive Monetary Compensation From a Discrimination Claim? 

A: It is very possible that a person who wins a discrimination claim may receive monetary compensation. Some things you may receive compensation for may include lost wages, damages for emotional distress, and even damages for the loss of your job if relevant. About 41.3% of employees who have survived cancer report having needed an extended period of time away from work, meaning you may be able to receive compensation for paid time lost.

If you or a loved one in Costa Mesa has been the victim of discrimination in the workplace due to cancer, it is essential to reach out for legal help as soon as possible. There are many ways in which you may deserve justice, such as financial compensation, the reinstatement of your job, and others. There are time limits on how long you may have to file a claim, which is why doing so sooner rather than later can be helpful.

At California Employment Counsel, APC, we understand the difficulties you are facing. There are many emotional and physical effects of handling cases involving employment discrimination. We are here to help you carry the load in any way we can. Contact us today to learn more about who we are and how we may be able to help you. We are passionate about helping those who have been victims of discrimination find a voice to fight for the justice they deserve.