Best Employment Lawyers in Fullerton

FAQs

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

  714.738.6700 is the non-emergency dispatch line of the local police station in Fullerton.

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

  You can obtain a copy of a police report from the Fullerton Police Department by visiting their website at https://www.cityoffullerton.com/home/showpublisheddocument/4846/637793075210530000 and submitting an online request or by sending a notarized written request and a $20.00 check/money order via US Postal Mail to the following address:

  Fullerton Police Department Attention: Records Bureau 237 W. Commonwealth Ave. Fullerton, CA 92832

  All report requests are subject to review for eligibility and may take up to 10 business days to process. Some reports may be restricted due to ongoing investigations or legal limitations, and others may require redaction or approval from an investigating detective before they can be released.

  Request form: https://www.cityoffullerton.com/home/showpublisheddocument/4846/637793075210530000

• What are the exemptions to Fullerton's minimum wage law for employees and organizations?

  In Fullerton, some employees are exempt from the minimum wage law, including outside salespersons, family members of the employer, and indentured apprentices. Learners can be paid 85% of the minimum wage during their first 160 hours of employment in new occupations. Disabled workers and non-profit organizations employing them are also exempt until January 1, 2025. Licenses are issued to such individuals and organizations by the Division of Labor Standards Enforcement to allow them to be employed at a wage less than the legal minimum wage.

• What is the process of an employment dispute in Fullerton?

  The employment dispute resolution process in Fullerton depends on the nature of the conflict. The first step is to file a complaint with the Equal Employment Opportunity Commission if the employer has participated in illegal harassment or discrimination, violated any federal employment laws, or unlawfully dismissed the employee. Once the EEOC approves the claim, the employee can proceed with a civil action against the employer.

• What is the typical duration of an employment lawsuit in Fullerton?

  In Fullerton, employment lawsuits take a minimum of one year to litigate in court. However, complex lawsuits may take longer than two years, while simpler ones may settle in under a year. The duration of a case is influenced by court backlogs, the personalities of the parties involved, the lawyers' expertise, and the case's value. Additionally, it is affected due to statutory deadlines, discovery rules, scheduling of depositions, defense medical exams, and mediations. Furthermore, there are strict deadlines to meet for administrative organizations like DFEH, EEOC, and California Labor Board.

• How much is the cost of hiring an employment lawyer in Fullerton?

  The cost of hiring an employment lawyer in Fullerton is dependent on factors such as the lawyer's level of expertise and experience. Typically, these attorneys charge an hourly rate ranging from $98 to $450 for their services. However, some lawyers may work on a contingency basis where you do not have to pay any upfront fees. The total cost of hiring a lawyer and the value of your case depends on several factors, such as your salary and employment benefits.

• What constitutes wrongful termination under employment law in Fullerton?

  A wrongful discharge in Fullerton occurs when an employer fires a worker for reasons that violate the law, such as prejudice due to faith or ethnicity. Other scenarios that would be unlawful for workers to be terminated in California include breach of contract and retaliation of complaints of sexual harassment. Even though California's employment law allows for termination without cause, employers cannot use it as a shield against wrongful dismissal.

• 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.