Best Employment Lawyers in Fremont

FAQs

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

  You can reach 510-494-4856 to report non-emergency cases in Fremont.

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

  To obtain a copy of the police report in Fremont, fill out the Application for Release Information (https://www.fremontpolice.gov/i-want-to/file/file-a-police-report).

• Can you sue employers or companies in Fremont that do not pay for medical or sick leaves?

  Yes. The state of California provides protected leaves for workers in Fremont. It enforces the Family and Medical Leave Act, which gives rights to individuals to take their leaves with pay. If your employer refuses to pay your unpaid leaves due to a serious health condition of you or a family member, you can file a lawsuit against your employer.

• Do Fremont workers have protection if they act as whistleblowers against a company or employer?

  Yes. Workers who acted as whistleblowers against a company or employee are protected by California's Whistleblower laws. However, they are encouraged to work with lawyers to help them see their rights and develop legal strategies to address possible violations. Their employers might sue them for disclosing information to a government or law enforcement agency.

• Can you file a lawsuit against your employer in Fremont if it does not provide meal and rest breaks?

  Yes. Fremont employees are entitled to meal and rest periods during their workdays. If your employer does not give you meal or rest breaks, you can file a class action lawsuit. In some cases, workers who are not entitled to meal and rest periods are those who perform certain types of job duties.

• Do you have the right to file a lawsuit against your Fremont employer that gives discriminatory actions and statements against you?

  Yes. If you are experiencing discrimination in your workplace, you can file a lawsuit in Fremont. According to California law, employers need to treat workers fairly. Companies that discriminate against individuals based on their sexual orientation, disability, marital status, race, color, and national origin must be sued. Discrimination occurs when employers fire and refuse to hire or promote employees because of their life preferences.

• When can you file sexual harassment lawsuit against your co-worker or boss in Fremont?

  You can file a lawsuit against your co-worker or boss in Fremont if you are experiencing sexual harassment at work. If your colleagues give any unwelcome sexual advances, derogatory remarks, propositions, or offensive conduct that is sexual in nature, you can sue them. This type of harassment also takes place when the workplace is made abusive by severe or pervasive inappropriate behavior based on sex.

• 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.