Best Employment Lawyers in Milpitas

FAQs

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

  The Milpitas Police Department is reachable at (408) 586-2400 for non-emergency calls.

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

  The Milpitas Police Department Records Division is reachable by phone at (408) 586-2400 and by fax at (408) 586-2488. It is located at 1275 N. Milpitas Blvd., Milpitas, CA 95035.

• Can a company in Milpitas take the tips of its servers and deduct these from salaries earned?

  No, a company in Milpitas may not take the tips of its servers and then deduct these from salaries. The minimum wage and labor laws applied in the metro do not allow supervisors to share tips. Neither are wages supposed to be mixed with gratuities as the latter is a gift while the former is paid for services rendered.

• Can an employer in Milpitas prevent an employee from resigning if the latter has firmly decided to do so?

  An employer cannot prevent an employee from resigning if the latter has decided to do so. Milpitas follows at-will employment principles which state that either the employer or employee may terminate work for any reason. There might be contractual provisions that impose rules like giving prior notice or training a successor, but the right to resign is inviolable.

• Why are there minimum wage posters everywhere one goes in Milpitas?

  Milpitas requires every business that has employees to post a minimum wage labor law poster along with matching California State & Federal Labor Law posters. The information in these materials has to be updated to reflect the latest state of the law within the jurisdiction. Topics covered include inclusivity and non-harassment, paid sick leaves, and the policy on leaves.

• If an employee in Milpitas filed a harassment complaint, can an employer move the employee to the loneliest shifts?

  After filing a complaint of harassment, the employee should not be moved by the employer in Milpitas to the loneliest shifts because this is an apparent act of workplace retaliation: the worker accused the bosses of wrongdoing and was transferred to mentally taxing work periods as apparent punishment. No one may be treated ill over an exercise of legal rights.

• Is an employer in Milpitas liable for wage violations if the sum of $14.00 per hour is paid in accordance to the state minimum rates?

  Yes, the employer in Milpitas is liable for a wage violation if the amount paid is only $14.00. While this sum fits the statutory minimum set in California law, which in turn is more than the federal mandate, Milpitas has a higher basic pay. The metro requires a number of $16.40 an hour, which is over two dollars more per hour than the state requirements.

• 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.