Best Employment Lawyers in Stockton

FAQs

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

  209-937-8377 is the hotline for non-emergency situations of the Stockton Police Department.

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

  By submitting your case at https://secure.coplogic.com/dors/en/filing/submitreport?dynparam=1683684681588#, you can obtain a free copy of a Stockton police report. It would take up to 10 days for a permanent case number to be assigned due to the high volume. You might be contacted if more investigation is required.

• Can a Stockton employer refuse unpaid time off?

  Yes, businesses in Stockton are not required by California law to immediately grant or approve any requests of employees for unpaid time off. However, under the Federal Family and Medical Leave Act, some illnesses or family crises, such as pregnancy, give some unpaid leave and ensure the protection of the employment status.

• What constitutes workplace sexual harassment in Stockton?

  When someone in Stockton is the target of unwanted sexual advances at work, it is known as sexual harassment. This can involve sexual activity that is physical or verbal. You must seek the assistance of an employment attorney if you are uncertain if you have a case of workplace sexual harassment and your employer has refused to aid.

• What may a Stockton employee be entitled to in an employment lawsuit?

  In Stockton, a worker may be entitled to the following compensation in an employment lawsuit:

  • Back pay for a worker who suffers from discrimination and is not given the correct payment
  • Lost earnings for a worker who files a lawsuit against the corporation but is unable to obtain employment right away
  • Punitive damages to make up for losses incurred as a result of illnesses, including anxiety, sadness, insomnia, muscle spasms, and others

• Are Stockton employers liable for harassment at work?

  Yes. Every business in Stockton is required by the California Fair Employment and Housing Act to take steps to prevent harassment in the workplace by enforcing the following minimal standards:

  • Putting up a notice warning people that sexual harassment is prohibited
  • Publishing a transgender rights poster in a visible and reachable office area
  • Offering mandatory sexual harassment prevention training

• When may you file a claim in Stockton for employment discrimination against your employer?

  If your employer makes judgments based on your race or ethnicity, disability, age, sexual orientation, religion, or pregnancy, you may be able to file an employment discrimination lawsuit in Stockton. If an employer discriminates, an employment lawyer may submit a claim for discrimination law breaches with the California Department of Fair Housing and Employment.

• 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.