Best Employment Lawyers in Oakland

FAQs

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

  The Oakland Police Department has a non-emergency line that can be reached at 510-777-3333.

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

  You may request to obtain a copy of police incident reports from the Oakland Police Department through the following methods: a. Call the Public Records Request Coordinator at (510) 238-7143. b. Mail a written request letter to Public Records Request Coordinator, OPD Records Section, 455 7th Street, Room 306 Oakland, CA 94607. c. Contact the office at opdrecordrequest@oaklandca.gov

  Also, you may make your request by filling out and submitting the form found at https://oaklandca.s3.us-west-1.amazonaws.com/government/o/OPD/s/document/dowd002885.pdf.

• What are your fundamental employment rights in Oakland that you should know?

  The following is a list of your fundamental rights as an employee in Oakland: a. Right to be free from all types of discrimination and harassment b. Right to be protected from retaliation c. Right to fair pay and benefits d. Right to proper work hours and leaves e. Right to reasonable accommodations for medical conditions and religious restrictions f. Right to a safe workplace free of dangerous workplace conditions g. Right to privacy and access to one's personnel files

• To whom should you file your complaint for employment discrimination in Oakland?

  In Oakland, your employment discrimination complaint must be submitted to the State's Department of Fair Employment and Housing. You can reach their office by calling 1-800-884-1684 or visiting their website. Keep in mind that you only have one year from the date of the occurrence to file your claim with the division, or you may lose your right to sue.

• How does employment law protect whistleblowers in Oakland?

  If you are a whistleblower in Oakland, you are protected under the California Labor Code Section 1102.5 against retaliation from employers who restricts you from reporting state or federal law violations of the organization. This provision likewise protects your loved ones from any reprisal. The California Victims Bill of Rights Act of 2008 also advocates for your right as a victim of crimes like blackmail or intimidation. Additionally, the legislation allows you to file a lawsuit for wrongful termination.

• What requirements must companies have when offering employment to new job applicants in Oakland?

  When hiring new employees in Oakland, employers are required to:

  • Have a business registration, certification, or license;
  • Obtain an identification number;
  • Carry workers' compensation insurance or a state-approved certificate of authority to self-insure; and
  • Provide a copy of the Notice of Rights of Victims of Domestic Violence, Sexual Assault, and Stalking to all newly hired or existing workers.

• What are some wages and hours violation cases Oakland employment lawyers handle?

  Employment lawyers in Oakland have represented clients in a wide range of wage and hour cases, including those where employers who:

  • Failed to pay their worker's required minimum hourly wage and overtime salary
  • Delayed in distributing paychecks
  • Refused to provide employees with a required meal or rest breaks,
  • Miscalculated their employees' work hours
  • Withheld illegal deductions from workers' pay, (f) garment tips from employees, or;
  • Improperly classified workers as independent contractors.

• 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.