Best Employment Lawyers in Westminster

FAQs

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

  Citizens may call +1 714-898-3315 to report non-emergency situations to the Westminster Police Department.

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

  To obtain a copy of your police record, send a filled-out Request for Release of Police Records form and a copy of a current, government-issued ID to PD-Records@westminster-ca.gov.

• Under Westminster employment law, what types of dismissals do not qualify as "wrongful"?

  Employees who lose their jobs due to everyday workplace issues like office politics, gossipy coworkers, incompetent managers, false accusations that they committed wrongdoing, or a lack of training or education cannot claim wrongful termination. Unless your employer states otherwise, you are employed "at will", and an at-will employer can fire an employee for any reason or no reason. Most people would label termination without cause or without respect for the employee's feelings "wrongful," but Westminster employment law does not.

• Is there a limit to filing wrongful termination claims against an employer in Westminster?

  Yes. To safeguard your right to sue, file your claim within two years of being unlawfully terminated from your employment. Unlike statutory claims, you can sue for wrongful termination in Westminster without first filing an administrative complaint with the DFEH or EEOC. But wrongful termination lawsuits are often paired with these statutory claims, so don't wait to see an attorney because you think you have two years to do so.

• What are an employee's bereavement leave rights under Westminster employment laws?

  AB-1949, a statute that covers Westminster, mandates that employers grant up to five days of bereavement leave to employees at their discretion within three months of the death of a loved one. AB-1949 prohibits employers from disclosing an employee's absence resulting from bereavement. Employees have the option to disclose their bereavement leave, but confidentiality protects those who prefer to maintain a separation between their personal and professional lives.

• What is SB-1044 and how does it protect Westminster employees?

  SB-1044 seeks to safeguard Westminster workers during catastrophic events, whether caused by nature or human actions. These include situations such as hurricanes, earthquakes, school shootings, bomb threats, and wildfires. SB-1044 states that in the event of an emergency, an employer cannot compel an employee to stay at work if the employee deems it necessary to depart for safety concerns.

• How old do you have to be to initiate an age discrimination lawsuit against a Westminster employer?

  Age discrimination in Westminster pertains to unfavorable treatment toward an employee or job applicant who is over 40 years old. A complaint of workplace age discrimination may require filing with a state or federal administrative agency, depending on the relevant facts and circumstances. To safeguard your legal rights in the event of workplace age discrimination, it is advisable to seek the assistance of a Westminster employment lawyer.

• 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.