Best Employment Lawyers in Huntington Beach

FAQs

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

  The number to call the Huntington Beach Police Department for non-emergency situations is 714-536-5333. You may also contact 714-960-8825 for 24-hour non-emergency dispatch.

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

  Individuals requesting a copy of a Huntington Beach police report can use the Police Records Request online portal, which can be accessed at the city's website at www.huntingtonbeachca.gov. They will be contacted once their request has been processed.

• What are some illegal grounds for termination in Huntington Beach?

  Huntington Beach strictly prohibits firing based on discrimination, whistleblowing, disability, pregnancy, or retaliation for taking medical leaves. For a termination to be legal, it needs to relate to a policy with significant public interest implications. Moreover, the policy in question should not just impact the individual concerned but bear a broader societal significance.

• What is the purpose and impact of SB 542 or The Trauma Treatment Act in Huntington Beach?

  SB 542, also known as The Trauma Treatment Act, permits firefighters and police personnel in Huntington Beach to claim compensation for mental trauma sustained on duty. It underscores the importance of recognizing psychological injuries that may lead to self-harm among these first responders. The act works towards normalizing the conversation around post-traumatic stress disorder, providing necessary assistance to these brave individuals who risk their lives for the community.

• What are the eligibility criteria for paternity leave in Huntington Beach?

  To qualify for paternity leave in Huntington Beach under the California Family Rights Act, a new father must have worked for a covered employer or one with a minimum of five employees. Paternity leave is designed to support fathers in assisting their partners during childbirth and forming a connection with their new child, whether biological, adopted, or foster.

• What is the "four-hour minimum pay" law for employers in Huntington Beach?

  The "four-hour minimum pay" law mandates that employers in Huntington Beach provide a minimum of four hours' pay to workers who show up for their shift, even if they don't complete the entire duration. Exceptions can be made if external circumstances, such as power outages, severe weather, or earthquakes, hinder the business from operating.

• What forms of protection does the Fair Employment and Housing Act offer to employees in Huntington Beach suffering from an illness related to their disability?

  Under California's Fair Employment and Housing Act, or FEHA, individuals in Huntington Beach are safeguarded against termination due to sickness linked to their disability. Disabilities, as defined by FEHA, encompass physical and medical conditions. This legislation applies to private sector employers with a minimum of five employees, public entities like the State of California, its political and civil divisions, and municipalities.

• 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.