Best Employment Lawyers in Santa Monica

FAQs

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

  The Santa Monica Police Department can be contacted via 310-458-8491 for non-emergency reports.

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

  Copies of police reports can be obtained from the Santa Monica Police Department Records Unit through a phone call to 310-458-8431, in person at the Santa Monica Public Safety Facility, or online from the Office of the City Clerk website. You can use this link: https://www.santamonica.gov/process-explainers/how-to-obtain-a-copy-of-a-police-report.

• What qualifies as employment discrimination in Santa Monica?

  In Santa Monica, workplace discrimination means being treated poorly or getting discharged because of protected personal characteristics or categories. Some of the protected categories are race, ancestry, religion, age, disability, and medical condition. Military and marital status are also included. California follows the Fair Employment and Housing Act to protect employees who have been unlawfully treated.

• What proof do you need as evidence for workplace discrimination in Santa Monica?

  To prove employment discrimination in Santa Monica, the employee must show pictures, documents, clear words, or circumstantial evidence that their employer has performed a discriminatory action because the employee belongs to a protected class. Employment claims should first be filed with the Department of Fair Employment and Housing or the Equal Employment Opportunity Commission which conducts an investigation and gathers evidence from both parties. If both sides do not reach an agreement, the employee may file a lawsuit or the agency can file a suit on their behalf.

• Can you file claims for pay shortages in Santa Monica?

  In Santa Monica, you can file claims for pay shortages since employers are required under California law to pay overtime compensation for eligible employees and are not allowed to shortchange workers when it comes to breaks. Nonexempt employees are entitled to have paid and uninterrupted 10-minute rest breaks and a 30-minute meal break, and overtime pay must be at least 1.5 times the regular hourly rate of the employee. Employees can also file claims for penalties and interest for any shortages in their pay.

• What do you do after being wrongfully terminated due to retaliation in Santa Monica?

  Being discharged after reporting any protected activity is deemed illegal in Santa Monica. This means an employer must not retaliate against a worker by reducing their wages and hours, denying them promotions, and firing or demoting them. The protected activities include reporting unsafe working conditions, discrimination, unlawful harassment, patient abuse, and wage and hour violations. In addition, whistleblowing about illegal activities is also protected.

• Are there alternative dispute resolution processes for employment law claims in Santa Monica?

  Employment claims in Santa Monica are subject to the Federal Arbitration Act and the California Arbitration Act, which allows employers and employees to conduct arbitration when resolving disputes on employee rights. Some disputes that can be resolved through arbitration include retaliation, wage and hour issues, employment discrimination, and sexual harassment. Agreements in California must be tangible and of value and should be signed without fraud.

• 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.