If you were a victim of sexual abuse and your employer denied your right to reasonable accommodation to take legal or other action to protect yourself or an immediate family member, an Aliso Viejo sexual abuse lawyer from Aegis Law Firm can help you.
Employers rely on employees to be present at work to perform their duties to the business. When employees do not show up to work to perform their duties, it can impact the business’s bottom line. While an employer may have specific policies and procedures for how and how much time an employee can take off work, they are required by law to make reasonable accommodations for employees who need to take time off to deal with certain non-work related issues. Victims of sexual abuse, sexual assault, or domestic violence who need to take time off to secure their safety and well-being are protected by California law.
If you are looking for a professional legal team that will give your case the attention it deserves, call Aegis Law Firm today at (949) 379-6250. Your initial consultation is free, and if we represent you, you pay no fees unless we win.
Victims of sexual abuse have protections under California Labor Code section 230. Under the Code, employers are required to make reasonable accommodations for employees who are victims or have immediate family members that have been victims of sexual assault.
The Code prohibits an employer from terminating the employment of, or discriminating or retaliating against an employee who has been a victim of sexual abuse and takes time off either to pursue legal relief or medical attention.
When possible, employees are required to give advance notice of their intention to take time off. However, if circumstances make it impossible to give reasonable notice, an employer is prohibited from taking any adverse employment action if the employee can provide acceptable certification for their absence. Such certification could be a police report, court process, medical report, or other such official documentation that proves the victim’s situation.
An employee who is fired, threatened, demoted, suspended, or who suffers any other adverse employment action because they took time off for reasons related to sexual assault, may have a legal claim against their employer.
If successful, the employer will be held liable for any harm suffered by the employee. In addition to compensation for any economic losses such as lost wages and benefits, the victim may also be entitled to other remedies including reinstatement of their employment if they were terminated.
An employer who refuses to comply with an order rehire, promote, or restore an employee or former employee that is entitled to a remedy will be guilty of a misdemeanor.
If you have been unlawfully punished at work for taking time off for reasons related to sexual abuse, you should speak with an experienced Aliso Viejo sexual abuse lawyer who can advise you in the appropriate steps to take to get justice. The experienced team at Aegis Law Firm can help you understand your rights and represent you in taking necessary legal action against your employer. Your initial consultation is free so call us today at (949) 379-6250 to make an appointment.