Best Employment Lawyers in Folsom

FAQs

• What is the non-emergency contact number for the local police station in Folsom, California?

  To reach the Folsom Police Department, call (916) 461-6400.

• Where can I get a copy of police reports for incidents related to my case in Folsom, California?

  To obtain a police report from the Folsom Police Department, call their Records Unit first at (916) 461-6400 or email them at fpdrecords@folsom.ca.us to know if it's available. Please be informed that police officers can take 10 days from the date of the incident to complete a report.

• Can you be fired from your employment at Folsom if you refuse to do a dangerous job?

  It depends on the contract you signed in Folsom, but this is illegal, especially if the task you refuse to do counts as a violation of California's occupational health and safety standards. Cal/OSHA is California's equivalent to the federal Occupational Health and Safety Act. It protects people more than federal law in many ways, such as chemical exposure, repetitive motion injuries, and heat-related diseases.

• Can your Folsom employer tell you what to do outside of office hours?

  It is not possible for an employer to still be the "boss of you" when you've clocked out of work in Folsom. However, there are laws in place that protect employees against retaliatory acts by their employers who disagree with their lawful activities outside of working hours. The most prevalent justification for this is that the acts harm the company's reputation.

• What are common mistakes that workplace sexual harassment victims in Folsom unknowingly make?

  These are some common mistakes that Folsom employees who have suffered sexual harassment make:

  • Failing to report the harassment early. Pursuant to California law, the violator can invoke the avoidable consequences defense, which can bring up the delay in reporting.
  • Failing to tell the harasser to stop or asking a third party to do it for them in case they're scared.
  • Believing the management that the victim does not have a valid case.

• What does it mean for a work environment in Folsom to be hostile?

  When Folsom employees find themselves in a work environment that allows serious instances of harassment, discrimination, power-tripping, unwelcome advances, and offensive language to flourish unchecked, they can describe it as "hostile" or "toxic." Depending on what is causing this (such as individual employees or the work culture itself), it may be challenging to address the issue but know that there is always the option to consult an attorney concerning legalities.

• What are your options if you were tricked into signing a work contract in Folsom that pays less than the minimum wage?

  The best option is to find an employment attorney in Folsom who can represent you, as this is a violation of the Civil Code Sections 1668 and 3513. The minimum wage is mandatory and cannot be violated or disobeyed by any agreement between an employer and their employee if dishonest means were used to forge this agreement.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.