Best Employment Lawyers in Richmond

FAQs

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

  The non-emergency contact number for the local police station in Richmond is 510-233-1214.

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

  Police reports can be obtained by calling the Richmond Police Department's records section at 510-620-6675 from 7 a.m. to 8 p.m. The paperwork will be ready for pickup at 1701 Regatta Blvd within 7 to 10 days after the request is placed.

• What are the differences between an employee and an independent contractor in Richmond, and what are the legal implications?

  An employee is a person who works for an employer and is subject to their control and direction. On the other hand, an independent contractor provides services to a company but has more control over their work. Misclassifying employees as independent contractors in Richmond could put companies at legal risk since employees can bring a lawsuit against their company and collect damages resulting from the misclassification.

• What can you do if you believe you have been wrongfully terminated in Richmond?

  You may file a wrongful termination lawsuit against your former employer if you were unfairly fired. In Richmond, a termination is only considered unlawful when it violates an employee's legal rights, such as discrimination, retaliation, or denial of employee benefits. Employers are prohibited from firing employees who report illegal conduct or participate in an inquiry into such behavior.

• What should you do if your Richmond employer is not paying your overtime work?

  If your Richmond employer is not paying you overtime, you can file a lawsuit against them. Overtime compensation is necessary if an employee works more than 8 hours per day or 40 hours per week. Employers that fail to pay overtime may be held accountable for unpaid wages, interest, and fines.

• Should you be compensated if your Richmond employer requires you to be on-site throughout the meal period?

  You must be compensated if your employer requires you to stay at the work site or facility during your meal break. This is true even if you are relieved from all work during the meal. In Richmond, meal periods are considered time worked if the employee is not freed of all tasks or is obliged to stay on the employer's premises.

• What are the legal requirements for rest periods in Richmond?

  Richmond employers are required by law to give non-exempt employees at least ten continuous minutes of rest for every four hours worked and resting facilities separate from toilet rooms. For each workday where a rest period is not provided, an employee must be paid one hour more than their regular pay.

• 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.