Best Employment Lawyers in Santa Clara

FAQs

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

  Call (408) 615-5580 for a non-emergency dispatch from the police in Santa Clara.

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

  Visit the Records Unit at the front counter of the Santa Clara police station at 601 El Camino Real. Records can also be obtained online at https://scpd.nextrequest.com/ or by calling (408) 615-4700. For questions, contact the same number or drop an email to records@santaclaraca.gov.

• Is there an option to anonymously submit a whistleblower complaint in Santa Clara?

  To enable you to communicate anonymously within the Whistleblower Program of Santa Clara County, call the toll-free number at (888) 302 7743 any time and choose to set up a call with a four-digit PIN. It will also help you supply additional information, submit documents, and ask for status updates. Should you prefer to submit a complaint using languages such as Mandarin, Tagalog, and Vietnamese, you may also call the same number.

• What are the advantages if you file an equal pay claim in Santa Clara under the Equal Pay Act compared to Title VII?

  There are three advantages to filing an equal pay claim in Santa Clara under the Equal Pay Act: burden of proof, involvement of the EEOC, and statute of limitations. The burden of proof in the Equal Pay Act falls on the employer in Title VII. The former's filing deadline is longer (three years) compared to the latter's (180 days). Finally, Title VII claims have to be brought first to the Equal Employment Opportunity Commission while the EEOC is not involved in Equal Pay Act claims.

• Are employment drug and alcohol tests legal in the private sector in Santa Clara?

  Drug and alcohol tests for employment in Santa Clara are justifiable in select circumstances. In most cases, pre-employment testing is legal, but it may increasingly be difficult when it comes to off-the-job cannabis use due to the protections from the Fair Employment and Housing Act beginning in 2024. Additionally, routine and reasonable suspicion types of tests are legal under strict circumstances. There is strict enforcement of drug and alcohol testing in the transportation industry.

• How can an employee in Santa Clara know if their employers are retaliating against them?

  Employees in Santa Clara can suspect retaliatory action from the employer if an unfounded negative work evaluation has been issued. Additionally, retaliatory action can sometimes come in the form of a job demotion, unlawful termination, groundless discipline, sudden work reassignment, and pay reduction. Retaliation is prohibited by various laws including the California Family Rights Act, Pregnancy Discrimination Act, and California Labor Code.

• How do you start a wage claim in Santa Clara?

  Employees can start a wage claim in Santa Clara by filling out the appropriate form and submitting pertinent documents altogether. This can be done by sending everything through email at LaborComm.WCA.SJO@dir.ca.gov or by mail and an in-person visit to the DLSE Wage Claim District Office. The physical and mailing address of the district office is 100 Paseo de San Antonio, Suite 120, San Jose, CA 95113. The office's contact number is (408) 277-1266.

• 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.