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Orange County Sexual Abuse Attorney

If you have suffered an adverse action like a termination of your employment because you were a victim of domestic violence or sexual assault, you may be entitled to compensation for damages from your employer. The team of experienced Orange County sexual abuse attorneys at Aegis Law Firm can help you understand your entitlements under the law.

As much as people try to separate their personal lives from their work lives, there are times when their personal lives interfere with their obligations to their employers. A person may need some time off work to deal with the personal issues affecting their lives, and those issues may affect their productivity at work. Employers are legally obligated to provide support to employees who are victims of criminal conduct outside of the workplace. Employees who are victims of domestic violence or sexual assault are entitled to some accommodations under California labor laws.

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Why Hire Our Orange County Sexual Abuse Lawyers?

  • We are a team of trial-tested advocates serving individuals wronged at work throughout Orange County and Los Angeles.
  • We have secured over $300 million in verdicts and settlements for our clients.
  • We fight for our clients especially when they have been neglected by clients.

If you are looking for professional legal support and a legal team of Orange County employment lawyers 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 do not have to worry about fees unless we win.

What is Sexual Assault?

As defined under the California Labor Code section 230, sexual assault includes any of the following criminal offences:

  • Rape
  • Domestic violence
  • Stalking

California Employee Workplace Protections

Under California Labor Code section 230, employers must make accommodations for employees who are victims of sexual assault or who have immediate family members that have been victims of sexual assault.

An employer cannot fire, or discriminate or retaliate against a protected employee in the following circumstances:

  • When an employee who has been a victim of sexual assault requires time off from work to appear in court based on a subpoena or other court order as a witness in a trial or other court proceeding.
  • When an employee needs to take time off from work to take legal action such as obtaining a temporary restraining order, restraining order, or other legal relief, to secure their own health and safety, or to protect their child. An employer must not disclose the reason an employee is taking time off, or make public any related documentation about the victim’s situation. Employers are legally required to keep all of this information confidential. 

The law puts some responsibility on the employees as well. Recognizing that employers must also make plans to accommodate absences, employees must:

  • Give their employer reasonable advance notice of their intention to take time off, where it is feasible to do so.
  • If the employee is unable to give advance notice and takes unscheduled time off, the employer must refrain from taking adverse action against the employee as long as they can provide certification for the purpose of their absence within a reasonable time. Under the law, acceptable certification can be in the form of:
    • A police report documenting that the employee was a victim of domestic violence or sexual assault.
    • A court-issued order of protection for the employee against the person who assaulted them, or evidence from court or their Orange County sexual abuse attorney that the employee appeared in court proceedings.
    • A medical report or report from a domestic violence victims advocate or sexual assault victims advocate or counselor stating that the employee was undergoing treatment for the physical or mental injuries they suffered from the sexual assault or incidence of domestic violence. 

What Reasonable Accommodations Must the Employer Make?

Under California Labor Code section 230, an employer must allow an employee to use their vacation days, personal leave days, or compensatory time for the purpose of securing their safety, health, and welfare. That means that if an employee needs time off to file a restraining order, seek medical attention, or take other action to protect themselves or an immediate family member who is a victim of sexual assault, their employer must approve their request for time off without penalty. 

If you require reasonable accommodation from your employer as a victim of sexual assault, you should ask your employer. If your employer refuses to make reasonable accommodations for you or punishes you for taking time off, you should speak with an experienced employment attorney as soon as possible.

What Remedies are Available if an Employer Doesn’t Follow the Law?

If an employer fires or threatens to fire an employee, demotes an employee, suspends an employee or take any other action that is discriminatory or retaliatory, because you took time off for a purpose related to your sexual assault, they will be in violation of the law.

Any employee who suffers any adverse action from an employer who disobeys the law is entitled to the following remedies:

  • Reinstatement of their employment; and
  • Reimbursement for lost wages and benefits.

An employer who refuses to rehire, promote, or restore an employee or former employee that is entitled to a remedy will be guilty of a misdemeanor.

If your employment has been terminated or your employer is refusing to comply with the outcome of a grievance procedure ordering your reinstatement and reimbursement of lost wages, you may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations

You should speak with an experienced Orange County sexual abuse attorney who can advise you on the appropriate steps to take and represent you in any action against your employer. 

What if I Cannot Afford an Orange County Sexual Abuse Lawyer?

At Aegis Law Firm we understand how stressful a threat to your employment or the loss of income can be, which is why we represent our clients for no fees until we win. For almost 20 years, we have been helping real people like you win the compensation they deserve. 

Call Aegis Law Firm today at (949) 379-6250 to schedule your free consultation.